Criminal Procedure Code, 1973, Section 311 -- Recall of child witness - Mere fact that counsel of a party handled the case in haste is not at all a strong or valid reason to exercise discretionary power vested u/s 311 Cr.P.C which has to be exercised judiciously and not arbitrarily...........
Protection of Children from Sexual Offences Act, 2012, Section 33(5), 12, Criminal Procedure Code, 1973, Section 311 -- Recall of victim/child witness for further examination - Offence u/s 12 of POCSO Act - No satisfactory reason projected to recall the witness - Sessions Judge who recorded evidence was fully convinced that further examination of witness by recalling her..........
Evidence Act, 1872, Section 137, 138 -- Recall of witness for re-examination - Where re-examination of a witness has a bearing on ultimate decision of suit, it is always within discretion of Trial Court to permit recall of such witness for re-examination-in-chief with permission to defendant to cross-examine witness thereafter - No illegality or irregularity in discretion..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise - Fraud - Petitioner had right to file recall application in case order was obtained on basis of compromise by practicing fraud and compromise application was not filed by him...........
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..........
