Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Permissible subject to provisions of Evidence Act...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witnesses - Rape - Summoning of prosecutrix and her parents for cross-examination over age of prosecutrix - Since witnesses not stated any fact regarding rape, no questions were asked regarding her age - However, as per FSL report and DNA report, semen found on vaginal swab tallied with blood group of petitioner - In..........
Criminal Procedure Code, 1973, Section 311 -- Recall - of prosecution witnesses - Dismissal of application - Application moved by petitioners after an inordinate delay without mentioning any ground or relevancy of evidence - Allowing application for recalling of prosecution witnesses at such belated stage when evidence of all prosecution witnesses and statement of some..........
Civil Procedure Code, 1908, Order 18, Rule 17, Evidence Act, 1872, Section 135, 137 -- Recall of a witness - Recall of witness for re-examination or putting certain questions, is for the benefit of Court to seek clarification - Fact that a party is allowed to file an application to recall the witness by itself, does not give right to ignore the procedure laid down u/ss..........
Criminal Procedure Code, 1973, Section 217 -- Alteration of charge - Recall of PWs - Waiver of right to further examine any witness by prosecution cannot impair or affect in any manner, the near absolute right of defence to seek further cross-examination of any witness, as said right is not dependent on conduct of prosecution, rather it appears to be a rule against..........
Criminal Procedure Code, 1973, Section 217 -- Alteration of charge - Recall of PW for further cross-examination - S.217 Cr.P.C is not restricted its application to fact situations contemplated u/s 319 Cr.P.C and even not governed by principle for invoking S.311 Cr.P.C - It is an independent provision...........
Criminal Procedure Code, 1973, Section 217 -- Alteration of charge - Recall of PW for further cross-examination - Accused facing heavy charge of offence u/ss 302, 120-B IPC after alteration of charge - By very nature, relevant facts were introduced by alteration of charge - Accused had not confronted with specific charge prior to alteration of charge - In the context of..........
Civil Procedure Code, 1908, Section 151 -- Restoration/recall of an order - Order challenged in High Court - Petitioner cannot file restoration application during pendency of writ petition...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for cross-examination - Cross-examination of two material PWs closed and made same as `NIL' - Fate of petitioners has been sealed and they have been left defenceless and irreparable loss has been caused to them, as on the basis of statement made by said PWs in examinatio, i, chief, no discretion will be left with..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - O.18.R.17 CPC to be sparingly exercised and it is not a provision intended to enable the parties to recall any witnesses for their further examinatio, i, chief or cross-examination - Provision is primarily to enable Court to clarify any issue or doubt, by recalling any witness either suo motu, or at the..........
