Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from S.13(2) of P.C. Act to S.13(1)(c) of P.C. Act - Evidence of case was already over and Public prosecutor stated that no witness was to be recalled or re-summoned or to be called or examined even after alteration of charge - Even, accused does not intend to recall or re-summon or examine any witness with..........
Supreme Court Rules, 2013, Order 47 -- Review - Dispute relates to information to be provided by RBI under RTI Act - No effort was made by any of applicants in Misc. applications to get themselves impleaded - Present applications styled as recall are essentially applications for review - Wrong nomenclature given to an application is absolutely of no consequence -..........
Criminal Procedure Code, 1973, Section 311 -- Recall of I.O and complainant for further cross-examination - Offence u/ss 452, 324, 323 IPC - Application sought on the ground that certain new facts came to light in deposition of father of accused - However, said new facts are related to incident independent to present one - There is no co-relation between two incidents -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Law as to - Analysed - (1) High Courts are requested to issue practice directions to the Magistrates to record reasons before converting trial of complaints u/s 138 of the Act from summary trial to summons trial; (2) Inquiry shall be conducted on receipt of complaints u/s 138 of the Act to arrive at..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Accused should raise his pleas before trial Magistrate u/ss 251, 263(g) Cr.P.C. - Along with his pleas, he can file necessary documents and can also file an application u/s 145(2) of the Act to recall complainant to cross examine him on his plea of defense - However, only after..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs1 and PW11 - Corruption case - Witnesses sought to be recalled by prosecution were required to mark relevant document which was crucial for decision of case - Delay in filing application occurred due to transfer of Special Public Prosecutor who was conducting case - Accused must have an opportunity to cross-examine..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness for cross examination - Right to cross examine witness closed as Advocate of defendant was absent - Advocate of defendants senior citizen and due to circumstances beyond his control, he could remain present in Court - Party should not suffer for mistake of advocate - Right of defendant to cross-examination..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Power u/s 311 Cr.P.C can be exercised by Court even at the stage when case is posted for judgment, as Court at any stage of any inquiry, trial or other proceedings can exercise power u/s 311 Cr.P.C...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Murder case - Neither prosecution nor defence has filed application u/s 311 Cr.P.C - Sessions Judge himself having noticed mistake suo motu exercised power u/s 311 Cr.P.C and issued summons to PW30 only for purpose of producing and marking DNA report - But subsequently though other witnesses were examined,..........
Criminal Procedure Code, 1973, Section 482 -- Second application for recall of an order - Maintainability - Petitioner earlier also filed application for recall of order for very same relief, which was dismissed - Second application for same relief is not maintainable - Application dismissed...........
