Civil Procedure Code, 1908, Section 151 -- Recall of order passed with consent of both the parties - Order cannot be interfered...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Right to lead complainant's evidence closed - Complainant seeking her recall for her further cross-examination - Complainant had been neither diligent nor serious about leading her evidence - Matter remained pending for recording complainant's evidence from..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW12 for further re-examination - Murder - CD of CCTV footage and pen drive in question were handed over to SHO by a third party - Accused therefore, has every right to seek re-examination of PW12/Inspector to elicit all relevant facts before trial Court delivers its final decision - Moreover, accused `R' initially..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 403 -- (Criminal Procedure Code, 1973, S.362) - Review - Criminal Court has no power to recall or review its own judgment - Only permissible action is to correct or rectify clerical errors by virtue of S.403 BNSS...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW5 for further cross-examination - PW5 is a material witness and credibility of testimony of PW5 is going to have far reaching effect on outcome of case - Since at the time of cross-examination due to inadvertence or otherwise accused could not cross-examine PW5 qua some relevant aspect, in order to dispense justice..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PW1 for further cross examination - Entire issue involved in the main suit revolving around Will - Recall of witness regarding application submitted by plaintiff No.2 to Tehsildar by enclosing Will and relevant documents is very essential for just decision of case - Reasons stated by defendants for not filing..........
Protection of Children from Sexual Offences Act, 2012, Section 33(5) -- Recall of child witness - Once trial has concluded and testimony has been recorded, in accordance with law, any attempt to recall victim for re-examination, must be treated with extreme caution - In the absence of compelling legal necessity, it cannot be allowed...........
Protection of Children from Sexual Offences Act, 2012, Section 6, 33(5) -- Aggravated penetrative sexual assault - Request to recall child victim after conclusion of trial and concurrent findings of guilt, raises serious concern - In the absence of any manifest illegality or perversity in appreciation of evidence, no case for interference under Article 136 of Constitution..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Power u/s 311 Cr.P.C. is discretionary power of Court and no party can claim it as of its right...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - If there is no substantive material and genuine reasons disclosed in application u/s 311 Cr.P.C. invoking power of Court under said provision and only to mention therein that since some very relevant questions were leftover inadvertently which are necessary to bring on record the witnesses may be recalled..........
