Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of plaintiff in relation to newly framed issue - Burden of proving the newly framed issue is on defendant - Plaintiffs are not required to give further evidence in respect of same - Moreover, defendant had an opportunity to cross-examine plaintiffs on said issue at the time of their evidence because he..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW - Prosecution witness cannot be recalled merely because he gave a different statement in another case that too, after a period of seven years - It is not a case where a contradictory statement was given by some other witnesses in the present trial - Application rightly dismissed. (Judgment in Sudevanand Vs. State..........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 65B -- Recall of witnesses - To prove certificate u/s 65-B of Evidence Act - CDs have already been supplied to accused - Only certificates u/s 65-B of Evidence Act have been allowed to be produced to prove - Accused is not prejudiced in any manner by producing certificates in respect of electronic..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Recall of - Compromise decree can be recalled either by filing an application before Court which granted such decree or by availing remedy of appeal in terms of O.43.R.1-A CPC...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Witness cross examined by co-counsel - Witness was cross examined by co-counsel on instructions of counsel - After asking all relevant questions co-counsel stopped cross examination - Trial Court closed evidence of witness - Witness cannot be recalled for filling up lacuna - Lacuna left cannot be allowed to..........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 165 -- Recall of prosecutrix for further cross-examination - Prosecutrix initially supported the case of prosecution in her examination-in-chief, however, in cross-examination she completely disowned the happening of incident - Court in exercise of its powder u/s 165 of Evidence Act asked question with..........
Protection of Children from Sexual Offences Act, 2012, Section 33(5), Criminal Procedure Code, 1973, Section 311 -- Recall of child witness for cross-examination - Offence u/s 376(3) IPC - Application for recall of child witness rejected on the ground that S.33(5) of POCSO Act provides that repeated attendance of child should be avoided - However, matter was never taken up..........
Criminal Procedure Code, 1973, Section 362 -- Recall of order - Bar u/s 362 Cr.P.C is not absolute and in any case, does not apply in case of recall of order...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Imposition of cost on accused as a condition precedent for exercising right u/s 311 Cr.P.C, itself is improper and unjust...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Discretion is conferred by S.311 Cr.P.C on all Courts to exercise the power to summon any person as a witness, or examine any person in attendance, though not summoned as a witness or recall and re-examine any person already examined at any stage of any inquiry, trial or other proceeding under Cr.P.C...........
