Evidence Act, 1872, Section 137, Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness for re-examination - Prayer for re-examination is confined strictly to clarifying ambiguity arising from statement made by a witness during cross-examination which stands at variance with his affidavit and other evidence on record and does not seek to introduce any new..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 348 -- Recall of a witness - Witness who has already been examined and cross-examined cannot be recalled and reexamined to deny evidence he has already given before trial Court and no opportunity at a later stage can be given to him to completely efface evidence already given by him under oath...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 348 -- (Criminal Procedure Code, 1973, S.311) - Recalling of witness - Recall of a witness at concluding stage, i.e., after cross-examination and even after recording of statement u/s 313 Cr.P.C. would cause prejudice to accused and is opposed to principles of fair trial...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 348 -- (Criminal Procedure Code, 1973, S.311) - Recalling of witness - Once witness has already been cross-examined and defence has disclosed its stand based on prosecution's own omissions, permitting recall of witness at this stage, would amount to nullify defence established during trial and may prove prejudicial to..........
Criminal Procedure Code, 1973, Section 362 -- Review/recall of order - Where any petition is dismissed in default, that cannot be termed as judgment - Application for restoration or recall of order is maintainable against such order dismissing petition and prohibition of S.362 Cr.P.C. do not apply...........
Criminal Procedure Code, 1973, Section 362 -- Review/recall of order - Prohibition of S.362 Cr.P.C. is absolute and when judgment has been signed even High Court in exercise of its inherent power u/s 482 Cr.P.C. has no authority or jurisdiction to alter or review the same...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Provision U.O.18.R.17 CPC cannot be invoked to empower either of parties to further examine or further cross-examine already examined witness - It is only Court which would put questions to witness - As such, core issue is satisfaction of trial Court that witness is required to be recalled to clarify on..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 18, Rule 17 -- Amendment of plaint - Recall of a witness - Once plaint schedule is amended, it would be very much essential for plaintiff to re-examine any witness and evidence adduced after re-examination which would assist trial Court in deciding main issue...........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 138 -- Recall of PWs - Cross-examination is statutory right of accused - Unless and until said opportunity is provided to accused, he would not be in a position to put defence in a proper way - For conducting a fair trial, proper opportunity is required to be given to accused...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Power vested under provision is made available to any Court at any stage in any inquiry or trial or other proceeding initiated under Cr.P.C for the purpose of summoning any person as a witness or for examining any person in attendance, even though not summoned as witness or to recall or re-examine any..........
