Criminal Procedure Code, 1973, Section 204 -- Recalling of process - Validity - Supply of goods - There is absolutely no documentary evidence to show any "privity of contract" between applicant and Bankers - Consignment note was not directly sent to Bankers by applicant - There is no denial to fact that original consignment note and invoices were sent to `M' Bank - It is..........
Consumer Protection Act, 1986, Section 17 -- Review/recall of order - Jurisdiction - State Commission - Section 17 of the CP Act does not empower a State Commission to review or recall its own final order on a complaint - State commission exceeds its jurisdiction in recalling/reviewing its own order which had attained finality in view of National Commission's order...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Additional evidence - Court framed an additional issue - Plaintiff recalled for further cross examination which was to be confined to the fact arising out of new issue and he was not permitted to go beyond that aspect - Order of trial court recalling plaintiff for further examined upheld...........
Civil Procedure Code, 1908, Order 23, Rule 1, 3 -- Compromise - Setting aside of - Appeal withdrawn on the basis of statement of parties - Application seeking recalling of the withdrawal order on the ground that compromise between parties not lawful - No written compromise created or presented before Court to record a compromise and pass a decree - Court simpliciter..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Petition for eviction of tenant - Ejectment ordered - Appeal by tenant - Tenant expired - Legal heirs impleaded - Appeal dismissed - Revision by two legal heirs - One of the legal heir impleaded as performa respondent - Compromise between revisionist and landlord - Revision dismissed as withdrawn - Application by other..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness for further cross examination - Change of lawyer - Not a ground for recalling the witness for further cross examination...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- recalling of witness - Affidavits of witnesses tendered in evidence - Witnesses cross examined - Affidavits not signed by witnesses - Application for summoning witnesses to append signatures on affidavits - Opposed - Affidavits duly attested by Oath Commissioner - Witness signed register of Oath Commissioner -..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall and re-examination of witnesses - After closure of evidence by both parties plaintiff seeking re-opening and recalling of defence witnesses on the ground that his counsel omitted to put some vital questions to defence witnesses - Omission bona fide - Permission granted - Held, Court exercised its discretion judicially..........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 154 -- Recall of a witness declared hostile - Request of hostile witness for re-examination - Such witness stated he could not depose true facts due to constant threats of elimination - Recalling of such witness for re-examination essential for fair trial - Re-examination allowed...........
Civil Procedure Code, 1908, Order 23, Rule 3, Transfer of Property Act, 1882, Section 52 -- Suit for specific performance of an oral agreement to sell by first vendee - Another suit for specific performance of an oral agreement to sell by second vendee against some vendor - First vendee impleaded as party in suit filed by second vendee - Compromise by vendor with second..........
