Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Section 151 -- Divorce by mutual consent - Recall of order as same alleged to be vitiated by fraud and misrepresentation - Fraud vitiates all proceedings - When fraud is played on Court, appropriate remedy is to approach the same Court to apprise the Court the manner in which fraud has been played -..........
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 18, Rule 17, Civil Procedure Code, 1908, Section 151 -- Production of documents - Reopening of case and recall of PW1 - Documents sought to be produced by plaintiffs are not relevant to prove issues in question - Moreover, proving said issues is on defendants and not on plaintiffs - Even..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - Court may either suo motu or on request of party, recall any witness at any stage - Once Court recalls witness for the purpose of any such clarification or otherwise, Court may permit parties to assist Court by examining the witness for said purpose - However, it is not to fill up lacunas or gaps, much..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - At the stage of arguments - Once it is established that two documents, filed by plaintiffs, viz. (a) certified copy of registered gift settlement deed, which is a public document (b) F.L.R. copy of survey obtained under R.T.I. Act, were not available at time of filling of suit and commencement of evidence..........
Criminal Procedure Code, 1973, Section 311 -- Recall of Prosecutrix and her father to confront them with their statements - Rape case - Co-accused acquitted, as prosecutrix and her father not supported prosecution case - Petitioner/juvenile had no knowledge about the fact that prosecutrix and her father had not supported prosecutrix case during trial of co-accused, as..........
Evidence Act, 1872, Section 137 -- Recall of a witness for further cross examination - Disclosure of proposed questions - Plea that disclosure of proposed questions will make very purpose of further cross examination redundant - Court is to be satisfied with sufficient reasons therefor - Such party has necessarily to indicate the aspects, on which he would like to..........
Evidence Act, 1872, Section 137 -- Recall of a witness for further cross examination - Reason stated that on the advice of new counsel, it is realized that some important questions were not put to the witness during his cross examination and that they are very important to substantiate his case - Held, such a reason is wholly unacceptable...........
Civil Procedure Code, 1908, Section 151 -- Withdrawal of appeal under mistake - Power to recall - Once it is established on record that statement made by counsel was under a mistake, which resulted into withdrawal of appeal, Court has power to recall the same - Appeal restored to its original number and to be decided on merits...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness for further cross examination - A witness cannot be recalled for further cross examination for elaboration on the points left out in the cross examination, when points on which witness is to be further cross examined are not mentioned...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Court can summon additional accused even if after recall of witnesses there is evidence on record...........
