Showing : 1-10 of 33 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 311-- Recall of a witness - Case was registered in 1983 - 29 PWs already examined - Application to examine proposed witness was allowed in 2004 - Prosecution failed to keep him in Court for his examination - However, multiple applications were filed to summon him and all of them allowed but prosecution..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 311-- Recall of a witness - Where prosecution evidence is closed long back and reasons for no, examination of witness earlier is not satisfactory, summoning of witness at belated stage would cause great prejudice to accused and should not be allowed...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 311-- Recall of a witness - Successive applications for recall of a witness u/s 311 Cr.P.C should not be encouraged by Court...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 311-- Re-examination - Any Court by exercising its discretionary authority at any stage of inquiry, trial or other proceeding can summon any person as witness or examine any person in attendance though not summoned as a witness or recall or re-examine any person already examined who are expected to be..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of witness - Not a single specific reason has been assigned by High Court as to why recall of as many as 13 witnesses was necessary as directed in impugned order - No fault has been found with reasoning of order of trial Court which rejected the recall application - Mere observation that..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of witness - Party is permitted to correct its bona fide error and may be entitled to further opportunity even when such opportunity may be sought without any fault on the part of opposite party - However, plea for recall for advancing justice has to be bona fide and has to be balanced..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of witness - Object of provision for recall is to reserve the power with Court to prevent any injustice in the conduct of trial at any stage - Power available with Court to prevent injustice has to be exercised only if Court for valid reasons feels that injustice is caused to a party...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of witness - Mere fact that accused was in custody and that he would suffer by delay can be no consideration for allowing recall of witnesses, particularly at the fag end of trial...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of witness - Mere change of counsel cannot be ground to recall the witnesses...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of witness - Recall of witnesses at the stage when statement of accused u/s 313 Cr.P.C. has been recorded, cannot be allowed on the plea that defence counsel was not competent and had not effectively cross examined the witnesses...........

Showing : 1-10 of 33 Results