Criminal Procedure Code, 1973, Section 311 -- Summoning of witness - Court is vested with a broad and wholesome power to summon and examine or recall any material witness at any stage and closing of prosecution evidence is not an absolute bar...........
Criminal Procedure Code, 1973, Section 311 -- Summoning of witness - Power u/s 311 Cr.P.C to summon a witness is conditioned by requirement that evidence of person who is sought to be summoned appears to Court to be essential to just decision of case...........
Criminal Procedure Code, 1973, Section 311, 91 -- Summoning of witness - For purpose of producing decoding register - Decoding registers merely being additional documents required to be able to appreciate existing evidence in form of call details which are already on record - But use codes to signify location of accused, a crucial detail, which can be decoded only through..........
Criminal Procedure Code, 1973, Section 91, 311 -- Second application u/ss 91, 311 Cr.P.C - Earlier application on the same ground filed by petitioner had been dismissed by trial Court - Subsequent application for same purpose was thus, not maintainable - Second application rightly rejected...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Cross-examination was done properly by counsel, and by merely making allegations against counsel, party cannot be permitted to reopen cross-examination, once more, by recalling witnesses - Application for recalling of witness rejected...........
Criminal Procedure Code, 1973, Section 311 -- Application u/s 311 of Cr.P.C. should be ordinarily permitted unless Court comes to conclude that it is a ruse to drag the proceedings or permitting it, would become an abuse of the process of the law...........
Criminal Procedure Code, 1973, Section 311, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 5(n), 6, 8, 12 -- Defence evidence - Allegations under POCSO Act - Court could not have rejected the application for adducing defence evidence on the specious plea that burden is on prosecution to prove the case beyond all..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of complainant - Application for recall of complainant filed by accused at the fag end of trial - Admittedly, matter was posted at least five times for final arguments, but instead of arguing, application for recall of complainant was filed -..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW - Prosecution witness cannot be recalled merely because he gave a different statement in another case that too, after a period of seven years - It is not a case where a contradictory statement was given by some other witnesses in the present trial - Application rightly dismissed. (Judgment in Sudevanand Vs. State..........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 65B -- Recall of witnesses - To prove certificate u/s 65-B of Evidence Act - CDs have already been supplied to accused - Only certificates u/s 65-B of Evidence Act have been allowed to be produced to prove - Accused is not prejudiced in any manner by producing certificates in respect of electronic..........
