Negotiable Instruments Act, 1881, Section 138, 145(1) -- Dishonour of cheque - Mandate of legislature is trial of such cases in a summary manner - Evidence already given by complainant by way of affidavit is sufficient proof of offence and this evidence is not required to be given again and has to be read during trial - Witnesses i.e. complainant and other witnesses can be..........
Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 251 -- Dishonour of cheque - Evidence of complainant by way of affidavit - Cross examination of complainant - Permissible only when accused makes an application by pointing out on what point he wants to cross examine the witness(es) and then only Court shall recall the witness by..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Recall of compromise decree on the ground that the same was obtained by playing fraud - Wife rightly approached trial Court instead of filing an appeal thereagainst...........
Criminal Procedure Code, 1973, Section 311, 391 -- Recall of witness - Mere mentioning of the fact that accused was not medically fit in his statement u/s 313 Cr.P.C., does not affect his right to lead additional defence evidence...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW2 for further examinatio, i, chief - Permission given to prosecution to move application u/s 311 Cr.P.C - Cross-examination of PW2 has not yet been started and witness is in the Court at the time of moving application u/s 311 Cr.P.C - It cannot be said and presumed that prosecution has moved application u/s 311..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness for cross-examination - Concept of cross-examination is a part of fair trial and its denial will gravely affect the rights of prosecution as well as accused - If a witness is not cross-examined, then his evidence cannot be used in evidence against opponent...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness for cross-examination - Proceedings u/s 125 Cr.P.C - Wife failed to appear in witness box to face cross-examination - If she is not cross-examined, her evidence shall not be considered - Presiding officer and counsel for petitioner failed to construe that cross-examination is not conducted - It was thus,..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Where prosecution evidence is closed long back and reasons for no, examination of witness earlier is not satisfactory, summoning of witness at belated stage would cause great prejudice to accused and should not be allowed...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Successive applications for recall of a witness u/s 311 Cr.P.C should not be encouraged by Court...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Case was registered in 1983 - 29 PWs already examined - Application to examine proposed witness was allowed in 2004 - Prosecution failed to keep him in Court for his examination - However, multiple applications were filed to summon him and all of them allowed but prosecution failed to procure his..........
