Criminal Procedure Code, 1973, Section 311 -- Summoning of witness - Court is vested with a broad and wholesome power to summon and examine or recall any material witness at any stage and closing of prosecution evidence is not an absolute bar...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Cross-examination was done properly by counsel, and by merely making allegations against counsel, party cannot be permitted to reopen cross-examination, once more, by recalling witnesses - Application for recalling of witness rejected...........
Family Courts Act, 1984, Section 19, Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Dismissal of application to recall ex parte order - Order not an interlocutory order - Appeal against such an order is maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of complainant - Application for recall of complainant filed by accused at the fag end of trial - Admittedly, matter was posted at least five times for final arguments, but instead of arguing, application for recall of complainant was filed -..........
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..........
