Showing : 1-10 of 225 Results

ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 311-- Recall of PW1 - Quashing of order recalling PW1 - FIR was lodged by PW1, who is not an eye witness against unknown persons and during investigation applicant came into light on the basis of circumstantial evidence - PW1 was examined and re-examined in most hasty manner in compliance of impugned..........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 311, Negotiable Instruments Act, 1881, Section 138-- Recall of PW1 - Complaint u/s 138 of N.I Act - Grounds for recalling PW1 not mentioned in the application - Complaint u/s 138 of N.I Act pending since 2010 and witnesses of complainant already been cross-examined in 2017 - Application filed by accused appears to be totally incompetent as necessary..........
TELANGANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Re-examination of a witness - Application filed without any reason for re-examination of a witness cannot be permitted and power to recall a witness U.O.18.R.17 CPC, ought to be used sparingly only to enable Court to clarify any doubts on evidence already led by parties and it cannot be used to..........
TELANGANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of a PW1 for further cross-examination - Petitioner cross-examine PW1 on three separate occasions and she had a counsel at that point of time, who participated in cross-examination and such cross-examination was done in her presence - It is also not denied by petitioner that till date she..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 151, Evidence Act, 1872, Section 137-- Recall of a witness for further cross-examination - Failure to cross-examine witness on certain aspects by itself is not a ground enough to recall witness for further cross-examination...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 311-- Recall of witness - Once opportunity to cross-examine complainant and his witnesses has been closed by order of the Court, after granting so many opportunities, then moving application u/s 311 Cr.P.C. by any means, cannot be taken as any bonafide exercise on part of the party filing application..........
TELANGANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of PW1 for cross-examination - Witness not cross examined despite grant of several opportunities - Conduct of petitioner is such that he is keen on to procrastinate the proceedings - Application rightly dismissed...........
DELHI HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 251-- Dishonour of cheque - Evidence of complainant by way of affidavit - Cross examination of complainant - Permissible only when accused makes an application by pointing out on what point he wants to cross examine the witness(es) and then only Court shall recall the witness by recording reasons..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 311, 391-- Recall of witness - Mere mentioning of the fact that accused was not medically fit in his statement u/s 313 Cr.P.C., does not affect his right to lead additional defence evidence...........
ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 311-- Recall of PW2 for further examinatio, i, chief - Permission given to prosecution to move application u/s 311 Cr.P.C - Cross-examination of PW2 has not yet been started and witness is in the Court at the time of moving application u/s 311 Cr.P.C - It cannot be said and presumed that prosecution has..........

Showing : 1-10 of 225 Results