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Results of recall of witness

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Showing : 11-20 of 35 Results

SUPREME COURT OF INDIA

Year of decision: 2015
Details

Criminal Procedure Code, 1973, Section 311 -- Recalling of witness - Not a single specific reason has been assigned by High Court as to why recall of as many as 13 witnesses was necessary as directed in impugned order - No fault has been found with reasoning of order of trial Court which rejected the recall application - Mere observation that recall was necessary for..........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Court can exercise power of re-summoning any witness even if it has exercised said power earlier...........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Court can exercise power of re-summoning any witness even if it has exercised said power earlier...........

SUPREME COURT OF INDIA

Year of decision: 2014
Details

Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 262, 263, 264, 265 -- Dishonour of cheque - Summary trial - It is summary trial procedure which applies to dishonour of cheque cases - However, in the course of a summary trial, if it appears to the Magistrate that the nature of the case requires passing of sentence of imprisonment..........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Criminal Procedure Code, 1973, Section 311, 301, Evidence Act, 1872, Section 165 -- Recall of a witness, who was a statutory authority and in whose presence the test identification parade was held, who is also a Judicial Magistrate, who made wrong statement against his own record - Court to recall the said witness with further direction to public prosecutor for putting..........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Criminal Procedure Code, 1973, Section 311 -- Court can exercise power u/s 311 Cr.P.C. even suo motu if no such application is filed by either of the parties - However, Court must satisfy itself that it was in fact essential to examine such a witness, or to recall him for further examination in order to arrive at a just decision of the case...........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Criminal Procedure Code, 1973, Section 311 -- Court is empowered to summon a material witness, or to examine a person present at "any stage" of "any enquiry", or "trial", or "any other proceedings" under the Cr.P.C., or to summon any person as a witness, or to recall and re-examine any person who has already been examined if his evidence appears to it, to be essential to..........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Criminal Procedure Code, 1973, Section 311 -- Recall of complainant and shadow witness for cross examination, nearly four years after they were examined-in-chief about an incident that was nearly seven years old - Two witnesses not cross examined under the belief that an opportunity to cross examine will be granted after the Trap Laying Officer is examined - Both the..........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Criminal Procedure Code, 1973, Section 311 -- Recall of complainant and shadow witness for cross examination, nearly four years after they were examined-in-chief about an incident that was nearly seven years old - Two witnesses not cross examined under the belief that an opportunity to cross examine will be granted after the Trap Laying Officer is examined - Both the..........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Criminal Procedure Code, 1973, Section 391 -- Further evidence by appellate Court - Provision is not limited to recall of a witness for further cross examination with reference to his previous statement but also for taking additional evidence for any reason to arrive at a just decision in the case...........

Showing : 11-20 of 35 Results