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..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a PW1 for further cross-examination - Petitioner cross-examine PW1 on three separate occasions and she had a counsel at that point of time, who participated in cross-examination and such cross-examination was done in her presence - It is also not denied by petitioner that till date she had avoided going into..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of PW1 for re-examination - Plaintiff case is that in order to prove that her vendor was in absolute possession of suit property and after the purchase by her she is in possession, certain additional documents are required to be marked - Application not filed to fill up lacuna in the plaint - Plaintiff..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of complainant at appellate stage - Change of counsel in appeal by accused who felt that some more questions ought to have asked during cross examination of complainant - Not justified to recall complainant during course of appeal, more particularly when earlier counsel duly cross-examined complainant at the stage of..........
Arbitration and Conciliation Act, 1996, Section 32(3) -- Termination of proceedings - Recall of order - No recall application would lie in cases covered u/s 32(3) of the Act - Recall application held, not maintainable...........
