Hindu Marriage Act, 1955, Section 13(1)(ib) -- Desertion - Divorce petition by husband - Wife left matrimonial home on 27.01.1997 and never tried to return back - Moreover, wife in her cross examination stated that it is not possible for her to restore conjugal rights as she has preferred appeal against judgment and decree granting restitution of conjugal rights in favour..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Court can recall a witness in order to clarify any issue or doubt either suo moto or at request of any party - There is no specific provision in CPC however, enabling parties to reopen evidence for purpose of further examination-in-chief or cross-examination...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of PW - Suit is at the stage of evidence - Certain contradictions in examination-in-chief of PW have been pointed out, after his cross-examination - It is always open for plaintiff to lead further evidence to prove his case by moving a proper application before Court concerned - Fact situation of case,..........
Evidence Act, 1872, Section 154 -- Hostile witness - Permission for cross-examination in terms of S.154 of the Act, cannot be granted at mere asking of party calling witness...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29 -- Recovery of 6.318 kg heroine - Except IO, none of other members of raiding team examined in whose presence contraband was recovered - No plausible explanation as to why all these material prosecution witnesses not examined - Seemingly, a trend has emerged not to examine other members of the raiding..........
Criminal Procedure Code, 1973 -- Case instituted on police report and case instituted otherwise than on police report - Difference - In former case, there is no scope for prosecution to examine any witness at the stage where Magistrate is to consider whether a charge is to be framed or not - Whereas, in cases instituted otherwise than on police report, not only prosecution..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witnesses for further cross examination on the ground that senior counsel was not present at the time of cross examination of witnesses - Nothing, but an exercise to fill up lacuna, which is not permissible - Impugned order of allowing application set aside...........
Civil Procedure Code, 1908, Section 151 -- Recall of an order - Rent and eviction - Absence of counsel - Denying opportunity of cross-examination - Ground for rejection of recall application was that unnecessary harassment to witnesses and absence of counsel who was travelling abroad - Right of cross-examination of material evidence on which fate of eviction petition..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction - Landlord has not come to Court with clean hands and has on other hand withheld vital information personal to his knowledge, and position of owning many shops in string was ultimately admitted and truth revealed in oral testimony while facing cross-examination, then entire case of landlord..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witnesses - Two PWs not cross-examined by accused - No attempts to delay the trial were made on behalf of accused - It is also not a case in which multiple opportunities of cross-examination were allowed to go waste and were not availed of - It is thus, expedient and proper to direct that accused should be provided..........
