Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Court on filing application u/s 311 Cr.P.C must be convinced that witness sought to be summoned or evidence proposed to be adduced additionally is very much relevant to arrive at a just decision of the case...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for cross-examination - Offence u/s 366 IPC, Ss.5(I), 6 of POCSO Act and S.9 of Child Marriage Act - PW2, PW7 & PW8 are crucial witnesses - If the witnesses are not cross-examined, evidence stands un-rebutted and it would amount to a case of no defence resulting in grave prejudice to accused - More so, PW2/victim..........
Criminal Procedure Code, 1973, Section 362 -- Recall of order - Application for recall of order is maintainable as it was an application seeking a procedural review and not a substantive review to which S.362 Cr.P.C would be attracted...........
Mutation -- Recall of mutation order - Mutation on the basis of sale deed - Validity of sale deed under challenge in civil suit - Recall of mutation order still to be contested on merits by parties - Mutation order was passed ex parte and admittedly no notice was issued to private respondent No.3 whereas his name was duly recorded by means of an order which was prior to..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness for further cross examination - It is mandatory for Court to recall witness for further cross examination if his evidence appears to be essential for just decision of the case - There is no bar for Court to recall a witness for further cross examination...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs for cross-examination - Cross-examination of PWs being an essential right of accused - Non-cross-examination of PWs will put the accused to prejudice - It is not unjust to afford an opportunity to accused to cross-examine PWs by recalling them - Application allowed...........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Change of counsel - Not a ground for recall of witnesses - Application rightly rejected...........
Criminal Procedure Code, 1973, Section 311 -- Recall of PWs - Applicant contended that his earlier counsel could not effectively cross-examine PWs - Incompetency of a Lawyer engaged by applicant cannot be presumed by Court - Applicant had engaged a Lawyer of his choice - If applicant is of the view that his Lawyer had deliberately not put certain questions thereby..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW for cross-examination - Accused charged with serious offence u/ss 498-A, 323, 376, 504, 506 IPC and Ss.3, 4 of Dowry Prohibition Act - Therefore, accused must not be stripped of his valuable right of a fair and impartial trial, because it would be negation of concept of due process of law - One opportunity to cross..........
Civil Procedure Code, 1908, Section 151, Evidence Act, 1872, Section 137 -- Recall of plaintiff for cross examination - Defendant lacking in vigilance in conducting cross-examination of witnesses - However, default of defendant is not of such grave degree as to warrant action of depriving him of opportunity to cross-examine witnesses of other side - If defendant is denied..........
