Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - Recall of witness is permissible only where objective sought to be achieved could not have been accomplished despite exercise of due prudence and vigil...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Mere observation that recall was necessary for ensuring fair trial is not enough unless there are tangible reasons to show how fair trial suffered without recall...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Application u/s 311 Cr.P.C. cannot be allowed to fill up the lacuna of prosecution or defence case...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - No prosecution witness can be called for examination/cross-examination merely because he filed affidavit contrary to his deposition made before trial Court...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Mere submission that some questions could not be put to prosecutrix in her lengthy cross-examination, cannot be a ground to recall the witness who has already been examined and cross-examined fully...........
Protection of Children from Sexual Offences Act, 2012, Section 33(5) -- Recall of child victim - Child who has suffered a traumatic experience of sexual assault is not to be called time and again to testify about the same incident...........
Protection of Children from Sexual Offences Act, 2012, Section 33(5) -- Recall of child victim - Ample opportunities were given to defence counsel to cross-examine the victim - Victim examined and then cross-examined at length twice already then mechanically allowing an application for recall of victim, especially in trial of offences under POCSO Act would defeat the very..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PW1 for further cross-examination - Defendant failed to convince Court with any valid and sufficient reason that Court may exercise its discretion to recall PW1 or permit fresh evidence - Application filed after hearing the arguments is not bonafide, bereft of reasons and without any justification - Application..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Power u/s 311 Cr.P.C. must be invoked by Court only in order to meet the ends of justice for strong and valid reasons and the same must be exercised with care, caution and circumspection...........
Criminal Procedure Code, 1973, Section 311 -- Recall of three PWs for re-examination - In the absence of witnesses making any complaint about threat or pressure not to tell the truth before Court, mere on basis of filing an application by prosecution, it was not justified on the part of trial Court to allow the application - Order allowing application held, set aside...........
