Showing : 41-50 of 342 Results

ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311A, Indian Penal Code, 1860, Section 364A-- Specimen signatures - Ransom note - Kidnapping for ransom - Signatures on ransom forwarded to expert for analysis voluntarily by accused without an order of Magistrate, which is not in accordance with law - Same in opinion of Court would only be curable irregularity u/s 460 Cr.P.C and not..........
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..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Recall of Prosecutrix and her father to confront them with their statements - Rape case - Co-accused acquitted, as prosecutrix and her father not supported prosecution case - Petitioner/juvenile had no knowledge about the fact that prosecutrix and her father had not supported prosecutrix case..........
DELHI HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 311-- Object - It is with the object that there may not be failure of justice on account of mistake of either party in bringing valuable evidence on record or leaving ambiguity in statements of witnesses examined from either side - Therefore, it is not only prerogative but also duty of Court to examine..........
DELHI HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, 145(2), Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 137-- Dishonour of cheque - Dismissal of application u/ss 145(2) of NI Act and 311 Cr.P.C. - Means obstruction in bringing out evidence on record - Court is duty bound to allow cross-examination of witness whose examination-in-chief has already been recorded because without allowing cross-examination of..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 53, 53A, 311A-- Voice sample - Comparison with voice recorded in course of intercepted telephonic call between accused persons - Requesting accused to give their voice sample for comparison by no stretch of imagination fall within the mischief of testimonial compulsion, as drawing of voice sample is only a..........
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..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 311-- Recall of witnesses for cross examination - At the time witnesses were examined accused was in jail and counsel sought time as he has no complete instructions - PWs specifically deposed case of prosecution with incriminating material - Non-cross examination of witnesses thus, caused prejudice and..........
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 : 41-50 of 342 Results