Evidence Act, 1872, Section 137, 138 -- Re-examination - Re-examination shall be directed to explain matters referred in cross-examination...........
Evidence Act, 1872, Section 137, 138 -- Re-examination - Re-examination of any witness is a right of party as well as right of Court to be done at the end of cross-examination...........
Evidence Act, 1872, Section 137, 138 -- Re-examination - No permission of Court is required if it only relates to explanation of the matters referred in cross examination - However, permission of Court is required if new fact or issue (must be relevant) is required to be introduced...........
Evidence Act, 1872, Section 137, 138 -- Re-examination - Permission of Court is required if new matter is required to be introduced to elicit the truth in the matter or explain any new issue properly and adverse party may further cross examine on that matter...........
Criminal Procedure Code, 1973, Section 311 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.348) - Recall of material witness for cross-examination - PW9 is stated to be an eye witness of occurrence - Denial of an effective opportunity to cross-examine a prime witness, particularly an eyewitness would amount to a palpable infraction of right to fair trial and would strike..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix specifically named appellant who raped her as a result she suffered profuse bleeding and injuries - She was subjected to lengthy cross-examination by defence, but her testimony has gone unimpeached and witness candidly stood by her stand, accusing appellant being involved in commission of crime against her -..........
Indian Penal Code, 1860, Section 302, 34 -- Double murder case - Evidence of eye witnesses is consistent and also acknowledging presence of each other at the spot of incident - Manner in which appellants assaulted deceased persons has been clearly indicated - These witnesses were cross-examined but nothing contrary to prosecution case has been elicited from them - Minor..........
Criminal trial -- Existence of a cross case does not constitute a ground to discard a complaint filed by opposite party on a rival version...........
Evidence Act, 1872, Section 137, Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness for re-examination - Prayer for re-examination is confined strictly to clarifying ambiguity arising from statement made by a witness during cross-examination which stands at variance with his affidavit and other evidence on record and does not seek to introduce any new..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Wife had led clear, consistent and cogent evidence establishing a continuous course of mental cruelty at the hands of husband - Her sworn testimony was not only coherent and trustworthy but stood fully corroborated by undisputed judicial records including multiple proceedings under Cr.P.C..........
