Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Change of counsel - Not a ground for recalling the witness...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Witness cannot be recalled at a very belated stage for asking frivolous questions and that too on the advice of a new counsel...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Power u/s 311 Cr.P.C is always to be exercised very consciously for a very strong and unrebuttable reasons and not in a very causal manner...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW8 - After around three years from the date of closing of cross-examination - Cross-examination of person should have been completed on the very same date of his examination-in-chief - At this belated stage, there would be no purpose for cross-examination as it is practically not possible for a witness to reply such..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)Da, 3(1)Dha, 3(1)(w), 3(2)(va) -- Offence u/ss 3(1)Da, 3(1)Dha, 3(1)(w), 3(2)(va) of SC/ST - No allegations either in FIR or in statement of victims u/s 161 Cr.P.C that accused had insulted them in public view by using caste specific words - Offence in question not made out against..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 401, 397 -- Dishonour of cheque - Revision - If there is non consideration of any relevant materials, which would go to the root of the matter or any fundamental violation of the principle of law, then only power of revision is available...........
Indian Penal Code, 1860, Section 498A -- Cruelty - General allegations of demand of dowry - No specific date mentioned as to on which date demand was made - Present case was filed after complainant was released on bail in a case for attempting to commit murder of her father-in-law - Offence u/s 498-A IPC not made out against accused - Accused acquitted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant can seek temporary injunction against plaintiff particularly when he preferred a counter claim...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendants are in possession of property - Plaintiff miserably failed to make out a prima facie case in his favour and further to prove that he is in possession of the suit property in any manner, actual or constructive - Defendants would be at greater hardship if any injunction is not issued in..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - It is the knowledge of date of hearing and not the knowledge of pendency of suit, which is relevant for the purpose of considering an application U.O.9.R.13 CPC to set aside an ex parte decree...........
