Civil Procedure Code, 1908, Order 18, Rule 17 -- Scope - Provision of O.18.R.17 CPC empower Court at any stage to recall and examine any witness whose evidence it deems essential for the judicious adjudication of the matter and would be required to clarify on certain issues but at the same time it is to be kept in mind that the same is not a provision to be used to fill in..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for further cross-examination - PW5 and PW17 were extensively cross-examined - Witness cannot be called upon to rely on memory after several years - Record is replete with instances which indicate that accused have been attempting to delay proceedings - Trial Court rightly rejecting application of accused for..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness for further cross-examination - Previous counsel did not call upon plaintiff to produce sale deed of land - Does not constitute a ground for recall of witness merely because present counsel has given an advice that same was necessary...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witnesses for further cross examination - Mere changing of counsel not a reason to seek further cross-examination of plaintiff's and defendant's witnesses...........
Civil Procedure Code, 1908, Order 16, Rule 6, Civil Procedure Code, 1908, Order 8, Rule 1A, Civil Procedure Code, 1908, Order 18, Rule 17 -- Production of documents and recall of witnesses for further cross examination - Proper reasons not assigned - Not stated in application as to what is the relevancy of documents to be produced - Not stated as to why witnesses are..........
Criminal Procedure Code, 1973, Section 125, 362 -- Maintenance - Parties settled the matter amicably - Maintenance petition disposed of - Recall of order as respondent did not honour its commitment under settlement - Order reviving maintenance application - Order passed is not hit by S.362 Cr.P.C. - Rejection of application, by High Court, filed by husband u/s 482 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of complainant's witness for further cross-examination - Trial is still at the stage of defence evidence - Accused prayed that an opportunity be granted to cross-examine complainant's witness on one date only - Adducing evidence by accused in support of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cross-examination of complainant - Once complainant has brought forward his case by giving his affidavit about 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..........
Negotiable Instruments Act, 1881, Section 138, 143, 145 -- Dishonour of cheque - Defence plea of accused - Once summoning order is issued in the case, it is obligation of accused to take notice u/s 251 Cr.P.C, if not already taken and enter his/her plea of defence before concerned Metropolitan Magistrate's Court and make an application, if they want to recall any witness...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Belated stage - Additional evidence sought to be produced and proved after final hearing of the case - Plea that it is not proper or permissible to recall a prosecution witness after final hearing of the case - There is no illegality in..........
