Criminal Procedure Code, 1973, Section 311 -- Recall of witnesses for cross examination - Witnesses attended Court for more than 3 years - Defence counsel not present - Opportunity to cross examine given - Application for recall of witnesses for cross examination dismissed - Held, that petitioners adopted delaying tactics so that PW's were put to maximum harassment - Trial..........
Criminal Procedure Code, 1973, Section 319, 482 -- Additional accused - Summoning on basis of examination-in-chief - Evidence as used in S.319 Cr.P.C. does not mean the evidence which is tested by cross-examination - Order of trial Court summoning additional accused on the basis of examination-in-chief of a witness cannot be interfered with unless the discretion exercised..........
Evidence Act, 1872, Section 137 -- Cross examination - Questions put in cross examination - Not always determinative in finding an accused guilty - However, they are certainly relevant...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Exercise of power - Held, court exercises its discretionary jurisdiction u/s 319 Cr.P.C. upon recording satisfaction that there exists a possibility "that the accused to be summoned is in all likelihood would be convicted" - Such satisfaction can be arrived at upon completion of the cross..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of accused that blank cheque as security was given and even after repayment of loan cheque was misused - Accused admitted in his cross examination that cheque was given to repay the debt - No merit in contention that blank cheque was given - No ground to interference in concurrent finding of..........
, Section 512 - - Trial of absconding accused - Re-examination of witnesses - Held, it is not necessary for prosecution to re-examine witnesses, whose evidence has already been recorded and preserved, during trial of absconded accused in a case where witnesses are not dead or have not become incapable of giving evidence or their evidence can be procured without an amount..........
Constitution of India, 1950, Article 226 -- Himachal Gramin Bank Officers and Employees Service Regulations, 2001, Regulation No. 389(1)(b)(iii) - Departmental proceedings - Punishment - Compulsory retirement - Quantum of punishment - Judicial review - The petitioner a bank officer not only abused and misused his position in dealing with the public funds but has taken..........
Medical negligence -- While written version was filed by the appellant but he did not file any affidavit by way of evidence nor did he bring on record any case paper 'investigation' report and 'operation' notes - Despite several opportunities and notices appellant did not present himself for cross-examination - Complaint duly supported by affidavit by way of evidence and..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - Irrelevant matters - Opposite party can point out to Court that irrelevant matters have been averred in the affidavit - Court can either direct the deponent to file a fresh affidavit after eschewing the irrelevant matters or Court itself can eschew the irrelevant matters so that cross..........
Criminal Procedure Code, 1973, Section 311 -- Court witness - Not a witness of any particular party - Court should give right to cross-examination to the complainant...........
