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Results of s 311 of criminal procedure code s

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PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2018
Details

Criminal Procedure Code, 1973, Section 311 -- Recall of prosecution witnesses - Dismissal of application - It is apparent that petitioner has cross-examined witnesses at length and has put his defence to them - Even, reason given in application for re-examining these witnesses is not bonafide as it appears that petitioner wants to delay the proceedings - Moreover, no..........

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 can always summon, recall or..........

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 of accused - Factum with regard..........

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 during trial of co-accused, as..........

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 such witnesses as it considers..........

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..........

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 circumstances...........

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 affect the interest 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...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Criminal Procedure Code, 1973, Section 311 -- Summoning of additional witnesses - Witnesses remained silent for one year - Admittedly, for one year there was no such evidence before I.O. or before trial Court that any witness was present at the spot - If this application is allowed then sanctity of first version given by complainant and investigation conducted by I.O. will..........

Showing : 91-100 of 411 Results