Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Right to put questions to witness recalled U.O.18.R.17 CPC is given only to Court and even cross-examination is not ordinarily permitted on the answers given to such questions, without leave of Court...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Witness cannot be recalled at the instance of a party for the purpose of examining, cross-examining or re-examining - Power to recall and re-examine a witness is exclusively that of Court trying the suit...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - At the time of finding merit whatsoever in the application u/s 319 Cr.P.C., more than prima facie case is to be established from evidence led before Court which is not necessarily to be tested on the anvil of cross-examination...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Petitioner was neither named in FIR nor charge-sheeted after investigation and was in fact declared innocent by investigating agency - Summoning of petitioner u/s 319 Cr.P.C. is based solely on an isolated and untested statement made by PW1 during examination-in-chief, without benefit of..........
Indian Penal Code, 1860, Section 302, 307, 34 -- Murder - Non-explanation of injuries on persons of accused - Accused had received injuries on their body but no cross FIR was lodged by them - They got themselves medically examined after five days of incident - However, all the injured accused were medically examined by Government Doctor - Said injury reports were neither..........
Indian Penal Code, 1860, Section 376, 377, 323, 313, 506, 509, 34, Criminal Procedure Code, 1973, Section 482 -- Rape - Compromise - Quashing of FIR - Petitioner No.1 got married with prosecutrix 10 days prior to filing of charge sheet - I.O. seized two mobile phones of petitioner No.1 and sent the same to FSL for forensic examination and involved Cyber Cell to retrieve..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Demand has been proved without a doubt - Evidence of seizure witness had been found creditworthy as his version in-chief was not shaken after thorough cross-examination - His evidence need not be discarded merely because he was related to complainant - Even..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cross-examination of complainant - Complainant failed in offering himself for cross-examination - Justification expressed by complainant that due to oversight of counsel representing him, he could not offer himself, appears to be convincing - One effective opportunity thus, granted to complainant for..........
Indian Penal Code, 1860, Section 302 -- Murder of four members of family - Testimony of PW3 - PW3 stated that deceased `A' told PW1 in hospital that accused and co-accused poured kerosene oil and set her and her daughters on fire - In the cross-examination, PW3 admitted that he gave a statement to I.O. according to whatever PW1 told him - When he was confronted with his..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Documents in question were not in existence at the time of filing of petition - Cross-examination not yet commenced - Court finds no reason for debarring plaintiff from filing additional documents in support of his claim - Application allowed...........
