Evidence Act, 1872, Section 165 -- Judge's have ample power to order for production of documents or things in order to discover or to obtain proper proof of relevant facts...........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 165 -- Recording of evidence - Magistrate is not expected to act like a mere tape recorder to record whatever has been stated by the witness - S.311 of the Code and S.165 of Evidence Act confers vast and wide powers on Court to elicit all necessary materials by playing an active role in the evidence..........
Evidence Act, 1872, Section 165 -- Power of Court - To put question to parties before it - Court has extraordinary power to elicit the truth and to act in the interest of justice - Party cannot tell Court that question put to him is irrelevant...........
Evidence Act, 1872, Section 165, Criminal Procedure Code, 1973, Section 311 -- Recall and re-examination of a witness - Power of the Court u/s 165 of Evidence Act is in a way complementary to its power u/s 311 of Cr.P.C. - The section consists of two parts i.e. (i) giving a discretion to the Court to examine the witness at any stage and (ii) the mandatory portion which..........
Consumer Protection Act, 1986, Section 13(1)(c), Evidence Act, 1872, Section 165 -- Soft drink - Allegedly contained dead lizard - It was seen with the assistance of magnifying glass and creeping gauge and State Commission came to the conclusion that bottle was tampered with and it has been produced before the Court by putting lizard inside bottled - Complainant refused to..........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 165, Indian Penal Code, 1860, Section 376(2)(c) -- Rape - Retarded woman - Case registered on report forwarded by Superintendent and Principal of Retarded and Child Rehabilitation Home - Statement of prosecutrix recorded by Magistrate under section 164 Cr.P.C. - Prosecutrix not examined during trial -..........
Evidence Act, 1872, Section 165, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Arguments heard and case fixed for orders - Magistrate in suo motu exercise of discretion directed for production of accounts concerning petitioner available with complainant - Document ordered to be filed was neither filed nor exhibited by complainant during trial -..........
Evidence Act, 1872, Section 165 -- Scope - Court should not pass order for placing evidence on record which is not produced by the complainant when an opportunity was granted - It is not for the Court to aid prosecution case and take steps for elimination of lacunae - If prosecution has come up with lacunae in its case the benefit must go to the defence...........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 165 -- Witness - Recall - A witness cannot be recalled to fill up the lacunae in the case - A witness can be recalled when it is essential for the just decision of the case...........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 165 -- Witness - Recall - Statement of witness that time of occurrence was 7 PM whereas the time was 7 AM - This is an error - Witness can be recalled to correct an error because to err is human - Accused not likely to suffer any prejudice as he will get ample opportunity to cross examine the witness -..........
