Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 165 -- Recording of evidence - Magistrate is not expected to act like a mere tape recorder to record whatever has been stated by the witness - S.311 of the Code and S.165 of Evidence Act confers vast and wide powers on Court to elicit all necessary materials by playing an active role in the evidence..........
Criminal Procedure Code, 1973, Section 311 -- Complaint filed for offences u/s 447, 376 IPC - Prosecutrix filed application for summoning doctor who was not examined as a witness - Magistrate after considering pros and cons of the matter and also taking into account the objections raised on behalf of accused, allowed application for the just adjudication of the case -..........
Constitution of India, 1950, Article 14, 226, 311(2) -- Termination - Temporary employee - On the ground service of the petitioner no longer required - Plea by the respondent that services terminated in terms of the order of employment repelled - Junior temporary employee in service retained and on the same day a new temporary employee recruited - Held that when other..........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 137, 138 -- Re examination of witnesses - Allegations by complainant wife that during subsistence of marriage of her with the petitioner, petitioner contacted another marriage - Complainant cited three witnesses and later produced one who was not cited in the list of witnesses - Complainant claimed..........
Constitution of India, 1950, Article 14, 16(1), 311(2) -- Contract employee - Termination - Stigmatic order - Held that once a contractual employee has been working on the basis of terms and conditions of contract than those terms and conditions can be invoked to terminate his services - The petitioner adopted erroneous mode of passing an order which makes the order as..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Examination of defence witness - Power of Court - Held, it is beyond any debate that the provisions of S.311 of the Code of Criminal Procedure can be invoked at any stage before pronouncement of judgment when it is found that same is necessary for just..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness on the ground that certain relevant questions not put to PWs - Trial Court did not examine whether the evidence proposed to be brought on record by recalling the witness was essential or not for just decision of the case - Impugned order quashed - Trial Court directed to decide the application in accordance..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of witness - Exercise of power by Magistrate - Held, there is no dispute that trial Court has plenary jurisdiction and powers to summon any person as a witness or examine any person in attendance or recall and re-examine any witness, already examined..........
Constitution of India, 1950, Article 311(2) -- Departmental proceedings - Dispensing with enquiry - Dismissal - Merely because the delinquent had not joined the enquiry could not have been a valid ground to dispense with the holding of an enquiry by invoking the proviso (b) to Clause (2) of Article 311 of the Constitution - The impugned order may not be sustainable on this..........
Constitution of India, 1950, Article 14, 226, 311(2)(b) -- Departmental proceedings - Dispensing with enquiry - Dismissal - Quantum of punishment - Merely because the delinquent had not joined the enquiry could not have been a valid ground to dispense with the holding of an enquiry by invoking the proviso (b) to Clause (2) of Article 311 of the Constitution - Relevant..........
