Civil Procedure Code, 1908, Order 18, Rule 17A -- Re - calling of witness for further cross - examination as witness could not be effectively cross - examined earlier - There has to be something more that mere wish of defendant to further cross - examine the witness of the plaintiff - Once witness has been cross - examined, he cannot be recalled for further cross -..........
Evidence Act, 1872, Section 154 -- Hostile witness - Permission to cross-examine his own witness by a party - A witness can be declared hostile when Court is satisfied that the statement of witness exhibits an element of hostility or that he is resiled from a material statement or where the Court is satisfied that the witness is not speaking the truth and it may be..........
Civil Procedure Code, 1908, Order 18, Rule 17-A -- Additional evidence - Document expert sought to be examined - Pleadings raised a specific controversy with regard to forgery of documents - Defendants cross-examined all witnesses of plaintiff and handwriting expert produced by them - Defendants also examined their own witnesses and voluntarily closed the evidence -..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- A-Defendants' application to produce hand - writing expert by way of additional evidence - Pleadings raised a definite controversy with regard to forgery of documents - Defendants not only cross - examined all witnesses of plaintiffs and hand - writing expert produced by them but also examined their own witnesses before..........
Evidence Act, 1872, Section 138 -- Allegation in Affidavit - Not an evidence - But it can become evidence when the person, who had sworn the affidavit, steps into the witness box to speak to the affidavit averment and then the opposite party had opportunity to cross examine him...........
Evidence Act, 1872, Section 138 -- Cross examination - Defendant whose interest does not clash with that of plaintiff has no right to cross-examine the plaintiff or his witnesses...........
Civil Procedure Code, 1908, Order 18, Rule 2, Civil Procedure Code, 1908, Order 14, Rule 1 -- Defendant whose interest does not clash with plaintiff and in fact supporting plaintiff - Not entitled to cross - examine plaintiff or his witnesses - Open to such defendant to get himself transposed as plaintiff and lead any evidence he wishes but as defendant cannot be permitted..........
Summary proceedings -- Affidavit filed - Cross examination of deponent - It is only where the Prescribed Authority finds that in the absence of cross examination of the person who has filed affidavit a just decision cannot be arrived at, it may permit cross-examination - Such a prayer cannot be claimed as of right by any of the parties...........
Negotiable Instruments Act, 1881, Section 138 -- Matter alleged to be compromised - Amount alleged, admitted to be received, but explained that it was only partial payment of debt - Complainant not prepared to withdraw case - Case not compoundable - No error on part of Magistrate in proceeding with case - Accused can resummon complainant for cross-examining him on point of..........
Evidence -- Statement in examination-in-chief when not challenged in cross-examination - Will be deemed to have been accepted...........
