Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of DW1 for further cross-examination on some material aspects - Plaintiff when intends to further cross examine DW1, he has to explain what are the material aspects on which further cross examination is required...........
Criminal Procedure Code, 1973, Section 311 -- Recall of complainant for further examination - Complainant was examined before report of CFSL (Central Forensic Sciences Laboratory) came - At the time of initial deposition there was no occasion for complainant to bring relevant facts before Court which arose after CFSL expert was examined - Moreover, if opportunity is given..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of witnesses for further cross-examination - Non briefing of counsel at the time of cross examination of witnesses is not a ground for recalling witnesses for further cross examination...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of witnesses for further cross-examination - Filing of application at belated stage without cogent reasons, which is filed to fill up lacunae - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PWs for cross-examination - Laches on the part of defendants in attending the trial proceedings is on record - However, since the suit is contested unless there is evidence of both sides, dispute cannot be adjudicated on merits - If there are any laches on the part of parties, an endeavor can be made to dispose of..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW3 for cross-examination - Cross examination of material witness/PW3 was closed by trial Court without providing any further opportunity to petitioner - Right of cross-examination is a valuable right in order to prove petitioner's innocence, therefore, it will be just and appropriate to grant one opportunity to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Once complainant has brought forward his case by giving his affidavit about the issuance of cheque, dishonour of cheque, issuance of demand notice etc., he can be cross-examined only if accused makes an application to Court as to, on what point he wants to cross examine the witness(es) and then only..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW1 for cross-examination - Offence u/ss 354, 354-A, 354-D IPC and S.12 of POCSO Act - Right of accused to cross-examine PW1 would be all the more at a higher pedestal under POCSO Act - Merely because accused approached Court with an application u/s 311 Cr.P.C after an inordinate delay of one year, that by itself may..........
Criminal Procedure Code, 1973, Section 362 -- Recall of order - Court after pronouncement of judgment not empowered to add or delete any words except to correct the clerical or arithmetical error as has specifically been provided under the statue itself - After pronouncement of judgment Judge becomes functus officio - Any mistake or glaring omission is left to be corrected..........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Recall of CW1 - Earlier application filed u/s 311 Cr.P.C. for recall of CW1 was rejected and since accused did not chose to challenge the said order, same attained finality - Accused thus, has no right to move another application with same prayer for same purpose on the ground that certain..........
