Showing : 31-40 of 225 Results

MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of a witness - Rectification of inadvertent mistake of mentioning wrong survey number - Plaintiff in his cross-examination confronted thrice about correct survey number from which cause in the suit had arisen - No inadvertent mistake or clerical mistake reflected from said testimony -..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Recall or re-examination of a witness - Court enjoys vast power of summoning or recalling any witness at any stage of proceedings, if his/her evidence appears to be essential for just decision of the case - Courts should be more careful and cautious while exercising power u/s 311 Cr.P.C. but it..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Recall or re-examination of a witness - Offence under NDPS Act - Re-examination of PWs 1 & 2 for limited purpose of identification of case property since both the witnesses were members of patrolling party in whose presence alleged contraband was recovered from exclusive and conscious possession..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of witness - Court may either suo motu or on request of party, recall any witness at any stage - Once Court recalls witness for the purpose of any such clarification or otherwise, Court may permit parties to assist Court by examining the witness for said purpose - However, it is not to fill..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of witness - At the stage of arguments - Once it is established that two documents, filed by plaintiffs, viz. (a) certified copy of registered gift settlement deed, which is a public document (b) F.L.R. copy of survey obtained under R.T.I. Act, were not available at time of filling of suit..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 137-- Recall of a witness for further cross examination - Disclosure of proposed questions - Plea that disclosure of proposed questions will make very purpose of further cross examination redundant - Court is to be satisfied with sufficient reasons therefor - Such party has necessarily to indicate the..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 137-- Recall of a witness for further cross examination - Reason stated that on the advice of new counsel, it is realized that some important questions were not put to the witness during his cross examination and that they are very important to substantiate his case - Held, such a reason is wholly..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of a witness for further cross examination - A witness cannot be recalled for further cross examination for elaboration on the points left out in the cross examination, when points on which witness is to be further cross examined are not mentioned...........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 311-- Recall of a witness - Provision does not limit discretion of Court or creates any barrier in exercising such discretion - However, Court should come to conclusion that allowing of party to examine a witness or cross-examine a witness already examined, should be bonafide and it is based on..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 311-- Recall of a witness - Witness cannot be recalled merely on the ground that he has not been declared hostile and has not been confronted with the statement recorded u/s 161 Cr.P.C...........

Showing : 31-40 of 225 Results