Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Court is well within its jurisdiction U.O.18.R.17 CPC to recall a witness at any stage of trial so as to determine dispute involved in a suit...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PWs for cross-examination - Sought by defendant who is stated to be the only contesting defendant - Application allowed subject to payment of cost - If the contesting defendant is not permitted to recall witnesses, the same would have adverse bearing on the case of said defendant thereby affecting merit of suit..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Stage of trial and relevant time at which application u/s 311 Cr.P.C is filed are important factors to be taken into consideration before invoking power u/s 311 Cr.P.C...........
Criminal Procedure Code, 1973, Section 311 -- Recall of victim for re-examination - Victim cross-examined at length - Plea that it was because of her ill health that she could not narrate the entire facts - However, nothing on record that victim was not well on that day - Observation of trial Court that application has been deliberately filed due to some kind of compromise..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Recall of process - Once Court issues process to accused on a complaint u/s 138 of the Act, there is no provision for recall of process - Only provision for stopping proceedings in a certain cases is given in S.258 Cr.P.C...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW1 and PW5 - Offence u/s 307 IPC - Application for recalling PWs have been filed after a long delay of 4 years and 1 year after recording chief examination of said PWs and reasons assigned therein are unsatisfactory - Trial of case is pending for defence evidence since 2015 and accused is in judicial custody -..........
Criminal Procedure Code, 1973, Section 311 -- Recall of complainant for cross-examination - Ample opportunities were provided to accused to cross-examine witness which has not been encashed by him - However, default made by a party and whereby creating inconvenience to opposite party can be cured and compensated by way of imposing cost upon erring party - One more..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Application filed u/s 311 Cr.P.C. on behalf of complainant seeking his recall and re-examination has been dismissed - In present case, complainant who seeks to re-examine himself to bring on record documents which were admitted by him during..........
Criminal Procedure Code, 1973, Section 482, 362 -- FIR quashed by High Court - Recall of order - Only clerical or arithmetical errors can be corrected - Court has no power to recall earlier order passed after contest and that too suo moto...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Mere change of counsel would not suffice to recall witness to put certain suggestions in the manner new counsel desires...........
