Constitution of India, 1950, Article 215 -- Recall of own orders - High Court, being superior Court of record, has jurisdiction to recall its own orders...........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witnesses - There is no limit on discretion of Court to recall and re-examine witness, even if the witness who deposed one way before the Court now wants to depose and is prepared to give evidence which is clearly different from what had been stated earlier...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witnesses - At the instance of prosecutrix and not public prosecutor - Public prosecutor did not raise any objection to the maintainability of application filed by prosecutrix - Court not bound by technicalities to ensure fair trial and to elicit the truth - Technicalities should not stand in the way of determining..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recalling of witnesses - U.O.18.R.17 CPC Court has power to recall any witness at any stage but such power cannot be used to fill omission in evidence of a witness who has already been examined...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - O.18.R.17 CPC should not be resorted to facilitate rectification of an error and removal of lacunae in the course of trial...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness to exhibit document already on record - Illiterate agriculturist pitted against a developer - Failure to exhibit document on record is clearly attributable to plaintiff's counsel - To allow plaintiff to suffer consequences of his counsel's mistake would entail manifest injustice to him - Application allowed..........
Civil Procedure Code, 1908, Section 151, Order 47, Rule 1 -- Review - Petitioner preferred application for recall of judgment being aggrieved by judgment - S.151 CPC therefore, cannot be called for, neither it is appropriate to treat this application U.O.47.R.1 CPC - If decision is considered to be erroneous, remedy is only to question judgment in appeal...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PW1 for further cross-examination - Case was adjourned for 9 times for defendants evidence - On 10th occasion, present application came to be filed by defendant no.3 - Defendant no.1 already cross-examined PW1 - Both the advocates for defendants were present in Court at the time of cross-examination of PW1 - During..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness to fill up a gap - Not permissible...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Plaintiff seeking recall of PW5 for further examination to prove Ex.A10 - Recall sought when evidence of defendant was complete and matter was listed for arguments - Recall of a witness to fill up a gap is impermissible...........
