Criminal Procedure Code, 1973, Section 311 -- Recall of PW5 for further cross-examination - PW5 is a material witness and credibility of testimony of PW5 is going to have far reaching effect on outcome of case - Since at the time of cross-examination due to inadvertence or otherwise accused could not cross-examine PW5 qua some relevant aspect, in order to dispense justice..........
Will -- Proof of - Will was duly produced and proved through PW3, one of attesting witnesses - While in cross-examination he was unable to recall name of other attesting witness and was confronted with unfounded suggestions of monetary inducement, however, these lapses do not in themselves, shake the core of his testimony or legal validity of execution - Document bears..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 348 -- Recall of a witness - Recalling a witness, especially in cases under POCSO Act which are required to be tried expeditiously, cannot be permitted to be delayed by filing applications which disclose no cogent or justifiable reason for recalling such witnesses...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 348 -- Recall of a witness - Power u/s 348 BNSS must be exercised for a legitimate and lawful purpose and not as a means to fill lacunae in prosecution or defence, or to prolong trial proceedings unnecessarily...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 348 -- Recall of a witness - Application was vague, bereft of particulars and aimed at recalling witnesses who had already been cross-examined at length, without disclosing any material basis for such recall - Permitting such an exercise would not only amount to allowing defence to fill in lacunae but would also defeat very..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Word `essential' deliberately finds place in the provision as Court is duty bound to satisfy essentiality with reasons...........
Criminal Procedure Code, 1973, Section 311 -- (Bharatiya Nagarik Suraksha Sanhita, 2023 S. 348) - Recall of witness - Unless there are valid and sufficient grounds for ordering the examination or recall and re-examination of the witnesses concerned, the court shall be loath in restoring to the procedure envisaged u/s.311 Cr.P.C...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - There must exist tangible and cogent reasons for summoning a witness again for re-examination or cross-examination - Applicant is required to demonstrate necessity of recalling witness to ensure a fair trial - Recall of a witness is not to be permitted as a matter of course rather discretion conferred upon..........
Criminal Procedure Code, 1973, Section 311 -- Recall of child victim - PW1/victim was examined before Trial Court and was thereafter extensively cross-examined by defence - Despite this accused filed an application u/s 311 Cr.P.C. seeking recall and re-examination of PW1 - However, accused has failed to specify any concrete basis or factual grounds justifying necessity for..........
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...........
