Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202, 203, 204 -- Dishonour of cheque - Recall of summoning order - Magistrate has no power to review its own order - Remedy lies in invoking S.482 of the Code...........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Complaint - Re-summoning of defence witness - Only one opportunity was given to petitioner/accused to lead defence evidence - Petitioner took steps for examining defence witness - Witness was present but defence counsel was not available due to illness -..........
Civil Procedure Code, 1908, Order 21, Rule 106 -- Execution - Dismissal in default - Remedy to recall order is available U.O.21.R.106 - However, it does not mean that D.H. has no right to apply afresh if time permits - It is settled law that if two remedies are available, a party can choose anyone of them...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Striking off defence - Validity - Written statement not filed within stipulated period - Defence struck off - Petitioner 72 years old - Held, one more opportunity granted to file written statement - Impugned order set aside - Petition disposed of without issuing notice to respondents with a view to impart..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Some questions creeping into the mind of counsel to be asked from the witness, after cross examination is over - Held, the same is not a ground to recall a witness unless in the discretion of Court, the recall of witness otherwise was called for or it was necessary for the just decision of the case...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - No ground mentioned in the application as to why witness needs to be recalled for cross examination - An application without any ground deserves to be dismissed...........
Supreme Court Rules, 1966, Order 18, Rule 5 -- Clarification, modification, recall or rehearing - Fraud and material suppression of documents - Application fall in the realm of an application for review - There is no question of clarification, modification of the judgment - Held, a petition which is intended to review an order or judgment U.O.47.R.1 CPC and in criminal..........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 138 -- Recall of complainant for further cross examination - Complainant duly cross-examined once - Application u/s 311 filed on account of change of counsel by petitioner - Held, this is not a ground to seek recalling of complainant for further cross-examination - Petition dismissed...........
Evidence Act, 1872, Section 138 -- Cross examination - Deferred for supply of copy of audit report to accused - Failure of accused to apply for recall of the witness for cross examination - Held, accused cannot be penalized for this - It is settled legal proposition of law that initial burden to prove the charge beyond doubt against the accused is upon the prosecution and..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witnesses for further cross examination - Full opportunity was given to cross examine the witnesses - No justification for recall of the witnesses for further cross examination - Order of recall quashed...........
