Criminal Procedure Code, 1973, Section 311 -- Summoning of witnesses - Court has a plenary power to summon any person at any stage of the proceedings as a witness - This power includes recall and re-examination of any person who has already been examined - This power is to be exercised when Court finds it necessary to summon/recall any witness for just decision of the..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - There is no embargo or restriction in summoning any person as a witness, even those witnesses whose statements have not been recorded earlier, or to accept any material - Only restriction is that material or evidence sought to be adduced must be essential for a just decision of the case...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of PW1 for cross-examination - Matter was adjourned at the instance of plaintiffs - No serious default committed by defendants - Defendants right to cross-examine cannot be forfeited - Application allowed subject to payment of costs of Rs.5,000 to plaintiffs...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of defendant and his witnesses for further cross examination - After remand of case both the parties refused to lead any fresh evidence - It was not appropriate for trial Court to allow recall of defendant and his witnesses for further cross examination without any cogent reason - Impugned order set aside...........
Civil Procedure Code, 1908, Section 151 -- Reopening of evidence of defendant - Trial Court gave time of nearly two years for defendants to adduce their evidence and yet they were not careful to obtain the return of original documents from the executing Court and file them in trial Court along with petition U.O.8.R.1-A(3) CPC - Moreover, when the defendants filed the..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW1 for cross-examination - PW1 was cross-examined about 8 months after his examination-in-chief - He has not been examined on the point of NCR of the alleged cross case - It is essential in the interest of justice that defence is granted an opportunity on heavy costs to cross-examine PW1 - Application allowed subject..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Setting aside - Plaintiff once having consciously entered into a compromise showing his inclination not to pursue the suit cannot question execution of the same and based on that cannot seek recall of the decree passed by Court...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Witness cannot be recalled merely on the ground that new counsel has been engaged and he found that certain vital questions have not been put to witnesses...........
Criminal Procedure Code, 1973, Section 311 -- Recall of rape victim for cross-examination - Victim in cases of sexual assault cannot be subjected to ordeal of repeated cross-examination where sufficient opportunity has already been granted to accused at appropriate stage to cross-examine the witnesses...........
Criminal Procedure Code, 1973, Section 311 -- Scope - Court has a plenary power to summon any person at any stage of the proceedings as a witness - This power includes recall and re-examination of any person who has already been examined - This power is to be exercised when Court finds it necessary to summon/recall any witness for just decision of the case...........
