Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Application u/s 311 Cr.P.C cannot be allowed if it is filed only to drag the proceedings...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution -Third party objections - Objections were rejected ex parte, as petitioner was not present on the date when objections were heard - Recall application filed by petitioner was also dismissed without considering the grounds on which it was filed - Since, reasons for non-appearance were adequately explained by..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of defendant no.4 for further cross examine qua documents - Documents in question have been exhibited subsequent to completion of cross-examination of defendant no.4 - Plaintiff did not get opportunity to cross examine defendant no.4 on these documentary evidence - Principle of natural justice demands that plaintiff..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW2 - Application filed to recall PW2, as certain question of facts which are of vital importance not put to PW2 by previous counsel - Denial of opportunity to put such pertinent questions on facts would greatly affect the outcome of trial - No repetitive question would be put to said witness and re-examination is..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - An order allowing application u/s 311 Cr.P.C. should have specific reasons explaining how re-calling and re-examination of witnesses are necessary for the just decision of the case - Cryptic non speaking order would not suffice...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Recall of complainant for cross-examination - Statutory presumption u/s 138 of the Act against accused has to be dislodged by way of materials and cross-examination - Admittedly, complainant was not cross-examined - Cross-examination of complainant is..........
Criminal Procedure Code, 1973, Section 311 -- Recall of complainant as a witness - Previous counsel of accused failed to put some questions as well as some documents to complainant - Relevance, admissibility and reliability of any such question or document was supposed to have been spelt out by accused so as to enable Court to evaluate the requirement of recall of..........
Protection of Children from Sexual Offences Act, 2012, Section 33(5) -- Recall of child witness - Bar u/s 33(5) of POCSO Act - S.33(5) of POCSO Act shall not be interpreted to hold that recalling of child witness is prohibited in toto - However, repeated examination of child shall be avoided...........
Protection of Children from Sexual Offences Act, 2012, Section 33(5) -- Recall of child witness - Bar u/s 33(5) of POCSO Act is not absolute and in appropriate case in order to meet the ends of justice, relaxation of mandate u/s 33(5) of POCSO Act is legally permissible - However, it should be established that such recalling is absolutely necessary for just decision of..........
Protection of Children from Sexual Offences Act, 2012, Section 33(5) -- Recall of child witness - Bar u/s 33(5) of POCSO Act - Application filed to fill up lacuna and omission in evidence resulted due to latches in evidence at the instance of counsel for petitioner by recalling PW1 - S.33(5) of POCSO Act would apply - Application rightly dismissed...........
