Criminal Procedure Code, 1973, Section 362, 482 -- Review/Recall of Order - Application came up for admission and High Court allowed application on same date - Opposite party was not represented by any counsel nor notices were issued to opposite party before finally deciding application - Rule of audi alterem partem requires B that opportunity of hearing should be afforded..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Production of photographs - Petitioner only wants to put other party to cross-examination as to whether such photographs showing presence of prosecutrix were actually taken in her presence or not - Court below rejected the application on the ground that petitioner had not produced source from which photographs were..........
Criminal Procedure Code, 1973, Section 482, 362 -- Review/recall of order - Opposite party addressed letter to Chief Justice of High Court, which was treated as Public Interest Litigation (PIL) - On the very same date an ex parte order of cognizance was passed on the basis of said letter - Said order suffered from violation of principles of natural justice and a procedural..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW1 - Quashing of order recalling PW1 - FIR was lodged by PW1, who is not an eye witness against unknown persons and during investigation applicant came into light on the basis of circumstantial evidence - PW1 was examined and re-examined in most hasty manner in compliance of impugned order - There is no such reason..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of DW2 for further cross-examination - At the stage of arguments - Application filed 40 days after closure of evidence on behalf of defendants - Plaintiff has opportunity of cross-examination of DW2 and in fact it was done elaborately - Strong reason is not made out for reopening and application is filed only to..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of plaintiff for further cross examination - Process of Court in terms of O.18.R.17 CPC cannot be invoked by private party, as provision is meant only for convenience of Court...........
Civil Procedure Code, 1908, Section 151, Order 15, Rule 5 -- Striking of defence - Recall of order - Defendant/tenant completely negligent in complying with provision of O.15.R.5 CPC, as he failed to pay monthly rent regularly - Even, defendant was negligent in depositing the amount and interest even after filing of application U.O.15.R.5 CPC and deposited the same after..........
Criminal Procedure Code, 1973, Section 311, Negotiable Instruments Act, 1881, Section 138 -- Recall of PW1 - Complaint u/s 138 of N.I Act - Grounds for recalling PW1 not mentioned in the application - Complaint u/s 138 of N.I Act pending since 2010 and witnesses of complainant already been cross-examined in 2017 - Application filed by accused appears to be totally..........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 302 -- Recall of Doctor/PW5 for further cross-examination - Murder case - Objection raised by accused regarding interpolation in medical record - Statement of PW5 was recorded by way of video conferencing and in such event, putting specific question about interpolation in post mortem report by..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Re-examination of a witness - Application filed without any reason for re-examination of a witness cannot be permitted and power to recall a witness U.O.18.R.17 CPC, ought to be used sparingly only to enable Court to clarify any doubts on evidence already led by parties and it cannot be used to fill up omissions in evidence..........
