Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of expert witness - Merely for explaining medical terminologies, witness cannot be recalled...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Main purpose of O.18.R.17 CPC is to enable Court to clarify any doubt which it may have with regard to evidence led by parties - However, provision of O.18.R.17 CPC cannot be used to fill omissions in the evidence of a witness who already stands examined in detail...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - An application u/s 311 Cr.P.C must not be allowed only to fill up lacunas in the case of prosecution, or of defence or to give an unfair advantage to the opposite party...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Trial Court while allowing application permitted plaintiff to file an affidavit strictly only in terms of contents of counter claim and same was made subject to payment of cost of Rs.1000 - Power exercised U.O.18.R.17 CPC is a discretionary power given to trial Court and same has been exercised by trial..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Trial Court while allowing application had permitted plaintiff to file an affidavit strictly only in terms of contents of counter claim and same was made subject to payment of cost of Rs.1000 - Power exercised U.O.18.R.17 CPC is a discretionary power given to trial Court and same has been exercised by..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - An application u/s 311 Cr.P.C must not be allowed only to fill up lacunas in the case of prosecution, or of defence or to give an unfair advantage to opposite party...........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 302, 201 -- Recall of witness - Offence u/Ss. 302,201 IPC - Accused application u/s 311 Cr.P.C rejected summarily - Accused counsel was changed, additional charges were added against accused, and it took over 2 years to record evidence of witnesses - Cumulative circumstances warranted allowing..........
Criminal Procedure Code, 1973, Section 311, 233 -- Recall of PW - Prosecution witness who was already examined cannot be recalled by exercising powers u/s 233 Cr.P.C - However, such an exercise can be done u/s 311 Cr.P.C at any stage including that of S.233 Cr.P.C, provided all the requirements and parameters of S.311 Cr.P.C are otherwise satisfied...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Power u/s 311 Cr.P.C vest with the Court and a party can only seek to trigger the power by filing appropriate application, outcome of which would depend upon Court's call as to whether evidence sought to be adduced is essential for a just decision of the case...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - To further cross examine witness to confront with documents - Such documents were in public domain - Documents not produced earlier is likely to fill up the lacuna and omission in evidence - Application dismissed...........
