Showing : 11-20 of 33 Results

SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 311-- Recall of a witness - Court can exercise power of re-summoning any witness even if it has exercised said power earlier...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 311-- Recall of a witness - Court can exercise power of re-summoning any witness even if it has exercised said power earlier...........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 262, 263, 264, 265-- Dishonour of cheque - Summary trial - It is summary trial procedure which applies to dishonour of cheque cases - However, in the course of a summary trial, if it appears to the Magistrate that the nature of the case requires passing of sentence of imprisonment exceeding one year, Magistrate after..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 311, 301, Evidence Act, 1872, Section 165-- Recall of a witness, who was a statutory authority and in whose presence the test identification parade was held, who is also a Judicial Magistrate, who made wrong statement against his own record - Court to recall the said witness with further direction to public prosecutor for putting across the..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 311-- Court can exercise power u/s 311 Cr.P.C. even suo motu if no such application is filed by either of the parties - However, Court must satisfy itself that it was in fact essential to examine such a witness, or to recall him for further examination in order to arrive at a just decision of the case...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 311-- Court is empowered to summon a material witness, or to examine a person present at "any stage" of "any enquiry", or "trial", or "any other proceedings" under the Cr.P.C., or to summon any person as a witness, or to recall and re-examine any person who has already been examined if his evidence..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 311-- Recall of complainant and shadow witness for cross examination, nearly four years after they were examined-in-chief about an incident that was nearly seven years old - Two witnesses not cross examined under the belief that an opportunity to cross examine will be granted after the Trap Laying..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 311-- Recall of complainant and shadow witness for cross examination, nearly four years after they were examined-in-chief about an incident that was nearly seven years old - Two witnesses not cross examined under the belief that an opportunity to cross examine will be granted after the Trap Laying..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 391-- Further evidence by appellate Court - Provision is not limited to recall of a witness for further cross examination with reference to his previous statement but also for taking additional evidence for any reason to arrive at a just decision in the case...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 151-- Additional evidence - Court can allow recall of a witness or permit fresh evidence when additional evidence, oral or documentary will (a) assist in rendering justice; (b) Court is satisfied that non production earlier was for valid and sufficient reasons - Court should firstly (a) award..........

Showing : 11-20 of 33 Results