Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 138 -- Recall of witness for re-examination - When witness has supported prosecution case in his examination-in-chief and has also been cross-examined at length and he has even denied to specific suggestions put forth by defence counsel..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 138 -- Recall of witness for re-examination - Merely because in unguarded moment, witness spoke something in cross-examination which did not suit prosecution, Court should not have exercised its discretion to allow prosecution to..........
Criminal Procedure Code, 1973, Section 311, 273, 299 -- Recall of witnesses examined in absence of accused as he was absconding - Absconding during pendency of trial, accused himself waived his right to cross-examine the witnesses, however, right of accused to cross-examine witness is valuable right - One opportunity granted to accused to cross-examine witnesses, who were..........
Evidence Act, 1872, Section 138, Civil Procedure Code, 1908, Section 151 -- Recall of an order - Order closing opportunity to cross-examine plaintiff - Cross-examination of plaintiff closed after several opportunities were granted to defendant - Recalling order and further giving opportunity to cross-examination would certainly amount to abuse of judicial process and would..........
Criminal Procedure Code, 1973, Section 311 -- Recall of victim for further cross-examination - Although witness was cross examined by all accused persons jointly including applicant, but with a view to secure ends of justice, applicant is given only last opportunity to further cross-examine PW1, as he is ready to deposit the costs of Rs.5,000 and is requesting for only one..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - Once matter is reserved for judgment, parties have no right even to move application without seeking reopen of matter for recall of any witness - Though on their bringing to the notice of Court any necessity, Court can exercise that power...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Certain question not put to witness - Such questions not in the nature of any attempt to fill up the lacuna but will strengthen the right of accused to fair trial - Application allowed...........
Service -- Cancellation of promotion order - Validity - Appellant admittedly fulfilled the eligibility criteria and qualification as prescribed in Rule 10 of Rules 1956 as also the qualifications prescribed for appointment to the post in question for direct recruits - Competent authorities also recommended the case of promotion of appellant certifying that appellant is fit..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of plaintiff for further cross-examination - Recall on the left out points is wholly improbable in law, as having sold the property in favour of defendant No.2, defendant No.1 filed the application for further cross examination without specifying as to which of the question was left out to be put in cross-examination,..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Change of counsel - Not a ground to recall witness...........
