Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Evidence of complainant by way of affidavit - Cross examination of deponent - Reasons need to be assigned to seek cross-examination of deponent - It is obligatory for Court to recall complainant or its witnesses, if an application is made in that behalf - Moreover, no prejudice, whatsoever,..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW for further cross-examination - Murder case - Doctor not cross-examined as regards MLR of another co-accused - Both accused and co-accused are charged with same offence u/s 302 IPC - No prejudice thus, caused to accused simply by recalling doctor once for cross-examination on limited issue - Application filed by..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Opportunity to cross-examine wife - Leaving a wife uncross-examined is likely to result in creating obstacle in correctly appreciating evidence - Liability of delay cannot be laid squarely on shoulders of husband, as there have been many dates on which even wife did not appear in the Court - Since matter..........
Criminal Procedure Code, 1973, Section 362 -- Recall of judgment - Amounts to alteration or review of judgment which is not permissible u/s 362 Cr.P.C...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Additional evidence - Rebuttal - Recall of witness - Plaintiff examined patwari but he failed to bring official record with respect to khasra girdawari and pedigree table and for this plaintiff cannot be found fault with - At rebuttal stage, application has been made in time to examine concerned daftar kanungo who will bring..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Husband not taken any steps to recall wife - Wife has a key of house of husband where she could come and take her jewellery - Relationship of husband and wife is not severed completely and wife has given evidence that she has been discharging matrimonial duties - Wife still has an..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Defendants were not present on relevant date despite sufficient service - Trial Court proceeded ex parte against defendants - It was still open to defendants to appear before next date and participate in remaining proceedings - However, defendants chose to remain absent and ultimately filed..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 14 -- Order passed u/s 14 of the Act - Power of District Magistrate to review - District Magistrate does not have any jurisdiction to either review, recall or modify his own order much less to grant injunction...........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 14 -- Order passed by District Magistrate - Jurisdiction to review his own order - District Magistrate does not have any power to recall, review or modify his own order or the order passed by his/her predecessor...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of complainant for cross examination - Despite last opportunity granted to petitioner, he failed to place on record the evidence - However, on next date of hearing, Presiding Officer was on leave - Trial Court should have considered the application u/s..........
