Criminal Procedure Code, 1973, Section 311 -- Recall of complainant as a witness - Previous counsel of accused failed to put some questions as well as some documents to complainant - Relevance, admissibility and reliability of any such question or document was supposed to have been spelt out by accused so as to enable Court to evaluate the requirement of recall of..........
Criminal Procedure Code, 1973, Section 311, Protection of Children from Sexual Offences Act, 2012, Section 33(5) -- Recall of victim - Bar u/s 33(5) of POCSO Act - There is no absolute bar u/s 33(5) of POCSO Act to recall a victim witness - However, victim who is a minor shall not be repeatedly called to Court in the guise of cross-examination - Application u/s 311 Cr.P.C..........
Criminal Procedure Code, 1973, Section 311 -- Summoning of witnesses - Court has a plenary power to summon any person at any stage of the proceedings as a witness - This power includes recall and re-examination of any person who has already been examined - This power is to be exercised when Court finds it necessary to summon/recall any witness for just decision of the..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - There is no embargo or restriction in summoning any person as a witness, even those witnesses whose statements have not been recorded earlier, or to accept any material - Only restriction is that material or evidence sought to be adduced must be essential for a just decision of the case...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Witness cannot be recalled merely on the ground that new counsel has been engaged and he found that certain vital questions have not been put to witnesses...........
Criminal Procedure Code, 1973, Section 311 -- Scope - Court has a plenary power to summon any person at any stage of the proceedings as a witness - This power includes recall and re-examination of any person who has already been examined - This power is to be exercised when Court finds it necessary to summon/recall any witness for just decision of the case...........
Criminal Procedure Code, 1973, Section 125 -- Order granting maintenance to wife - Recall of order - Maintenance granted to wife on the ground of long co-habitation - Contention of husband that there is no eye witness to marriage is not a ground to recall the order granting maintenance...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Change of counsel - Not a ground for recalling the witness...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Witness cannot be recalled at a very belated stage for asking frivolous questions and that too on the advice of a new counsel...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Power u/s 311 Cr.P.C is always to be exercised very consciously for a very strong and unrebuttable reasons and not in a very causal manner...........
