Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Ex parte order - Setting aside - Counsel not appeared on the relevant date which resulted in ex parte order passed against defendants - Party cannot be made to suffer for fault of counsel - Foreclosure of defendant's right to cross-examine PW1 and PW2 has resulted in grave prejudice to right of defence of..........
Criminal Procedure Code, 1973, Section 70 -- Non-bailable warrant (NBW) - Presence of accused need not be insisted upon during proceedings for recall of NBW...........
Criminal Procedure Code, 1973, Section 125 -- Order granting maintenance to wife - Recall of order - Maintenance granted to wife on the ground of long co-habitation - Contention of husband that there is no eye witness to marriage is not a ground to recall the order granting maintenance...........
Negotiable Instruments Act, 1881, Section 138, 145(2), Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of complainant for cross examination - Right to cross examine complainant closed as accused did not cross examine him despite availing five effective opportunities - In the interest of justice last opportunity granted to cross examine..........
Will -- Proof of - Attesting witness of Will stated that testatrix may have lived for 2-3 years after execution of Will - However, she lived for barely a month and a half after execution of Will - Fact that attesting witness did not recall this crucial detail casts any amount of doubt on his credibility - Evidence of attesting witness does not inspire confidence on the..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Change of counsel - Not a ground for recalling the witness...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Witness cannot be recalled at a very belated stage for asking frivolous questions and that too on the advice of a new counsel...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Power u/s 311 Cr.P.C is always to be exercised very consciously for a very strong and unrebuttable reasons and not in a very causal manner...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW8 - After around three years from the date of closing of cross-examination - Cross-examination of person should have been completed on the very same date of his examination-in-chief - At this belated stage, there would be no purpose for cross-examination as it is practically not possible for a witness to reply such..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PW1 for further cross examination - Permission sought when case was fixed for defendant's evidence - Defendant intends to further cross-examine PW1 on procedural aspects fixed by vendor of plaintiffs on various acts at the time of execution of sale deed - Said aspect came to knowledge of defendant on conclusion of..........
