Showing : 21-30 of 33 Results

SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of a witness - A witness can be recalled by Court either on its own motion or on application filed by any of the parties to the suit - Power is discretionary and should be used sparingly - Purpose is to clarify doubts, if any, and not intended to be used to fill up omissions in evidence of..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17-- Re-opening of evidence or recall of any witness for further examination or cross examination - For purposes other than securing clarification required by Court, inherent power u/s 151 of the Code can be invoked, subject to its limitations - Inherent power of Court is not affected by the express..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Evidence Act, 1872, Section 165, Criminal Procedure Code, 1973, Section 311-- Recall and re-examination of a witness - Power of the Court u/s 165 of Evidence Act is in a way complementary to its power u/s 311 of Cr.P.C. - The section consists of two parts i.e. (i) giving a discretion to the Court to examine the witness at any stage and (ii) the mandatory portion which..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Evidence Act, 1872, Section 3-- Accused eighteen in number committing murder of seven people - One of the injured eye-witness reported matter to the police after three months - Injured eye-witness and ordinary illiterate villagers from lower caste - Held, it was not possible for the injured eye-witness to remember the names of..........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of a witness - Evidence now sought to be led was already within knowledge of witness - It was only after cross examination of witness that certain lapses in evidence came to the notice - Does not make out a case for recall of a witness - Application rightly rejected...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of a witness - Power of recall can be exercised by the Court either on its own motion or on an application filed by any of the parties to the suit...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of a witness - Cannot be allowed merely on the ground that his recall and re-examiantion would not cause any prejudice to the parties...........
SUPREME COURT OF INDIA
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 18, Rule 17-- Recall of a witness - Main purpose of the rule is to enable the Court to clarify any doubts which it may have with regard to the evidence led by the parties - The provision is not intended to be used to fill up omissions in the evidence of a witness who has already been examined...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 311-- Recall of a witness - A witness when examined and cross examined cannot be recalled though that witness had given an inconsistent statement before any other Court or forum subsequently - A witness can only be confronted with a previous statement made by him...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 311-- Recall of a witness - A witness can be recalled for further examination if it is essential to the just decision of the case - The provision is not limited for the benefit of the accused - It will not be an improper exercise of power of court to summon a witness because the evidence supports the..........

Showing : 21-30 of 33 Results