March 2019

Recalling of Witness—Merely because the case of a party is not covered under Section 138 of Evidence Act, would not be any ground to debar such a party or witness to move an application under Section 311 Cr.P.C Re-examination of Witness—Scope of—Section 138 of Evidence Act can be freely used by the witness or party for re-examination irrespective of the permission of the Court, subject to the scope of reexamination prescribed by this Section Re-examination of Witness—Filling up the lacuna—Application under Section 311 Cr.P.C. cannot be declined by the trial Court even if the same is, allegedly, intended to fill-up the lacuna left in the case of the prosecution

By | March 9th, 2019|Recalling of witness|

Comments Off on Recalling of Witness—Merely because the case of a party is not covered under Section 138 of Evidence Act, would not be any ground to debar such a party or witness to move an application under Section 311 Cr.P.C Re-examination of Witness—Scope of—Section 138 of Evidence Act can be freely used by the witness or party for re-examination irrespective of the permission of the Court, subject to the scope of reexamination prescribed by this Section Re-examination of Witness—Filling up the lacuna—Application under Section 311 Cr.P.C. cannot be declined by the trial Court even if the same is, allegedly, intended to fill-up the lacuna left in the case of the prosecution

January 2019

Recalling of Witness-A witness is not to be recalled for further elaboration on left out points—Provisions of O.18 R.17 CPC is only for the purpose of clarification of any doubt which the Court may have with regard to the evidence led by the parties.         

By | January 24th, 2019|Recalling of witness|

Comments Off on Recalling of Witness-A witness is not to be recalled for further elaboration on left out points—Provisions of O.18 R.17 CPC is only for the purpose of clarification of any doubt which the Court may have with regard to the evidence led by the parties.         

Recalling of Witness—For cross- examination—Counsel for petitioner did not took proper care by closing evidence of plaintiff in the mistaken belief that cross-examination of PWs had been conducted—Held; In case one opportunity is not granted to the petitioner to make available his PWs for cross-examination, the same would have serious consequences for the petitioner—One effective opportunity granted subject to costs. 

By | January 24th, 2019|Recalling of witness|

Comments Off on Recalling of Witness—For cross- examination—Counsel for petitioner did not took proper care by closing evidence of plaintiff in the mistaken belief that cross-examination of PWs had been conducted—Held; In case one opportunity is not granted to the petitioner to make available his PWs for cross-examination, the same would have serious consequences for the petitioner—One effective opportunity granted subject to costs. 

January 2018

January 2017

November 2016