Search Results for "Recall of Witness"

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High Court of Karnataka Dismisses Writ Petition Challenging Order Refusing to Reopen Evidence in Partition Suit — Petitioner Failed to Demonstrate Sufficient Cause for Recalling Witness Under Order 18 Rule 17 CPC

The petitioner, Channabasappa S/o Shivappa Hosamani, filed a writ petition under Article 227 of the Constitution of India challenging the order dated ...

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High Court of Karnataka Dismisses Revision Petition in Suit for Permanent Injunction — Upholds Trial Court's Refusal to Reopen Evidence After Plaintiff's Side Closed. Court Held That Order 18 Rule 17 CPC Cannot Be Used to Fill Gaps in Evidence or to Remedy Negligence of Party.

The petitioner, Sri P. Ramaprasad, was the plaintiff in O.S. No. 231/2019 pending before the XIX Additional City Civil and Sessions Judge, Bangalore C...

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High Court of Karnataka Quashes Order Allowing Recall of PW5 for Cross-Examination via Video Conferencing Under Section 311 Cr.P.C. — Recall Not Permissible as Witness Already Cross-Examined and No New Evidence Sought

The petitioner, Mahadev, was the accused in C.C. No. 94/2017 pending before the III Additional Senior Civil Judge and JMFC, Vijayapur. The case arose ...

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Supreme Court Allows Recall of Witness in Criminal Trial for Further Examination — Right to Fair Trial Includes Opportunity to Re-examine Witness on New Evidence. The Court held that rejection of recall prayer after CFSL report became available was a denial of fair trial under Section 311 CrPC.

The appellant, Satbir Singh, filed a criminal appeal against the order of the High Court of Punjab & Haryana dated 14.12.2021, which rejected his pray...

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High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application to Recall Witness Under Order 18 Rule 17 CPC. Trial Court's Discretion Upheld as No Error or Perversity Found in Refusing Recall After Plaintiff Closed Evidence and Defendant's Evidence Was in Progress.

The petitioner, as plaintiff, filed a suit for recovery of money against the respondent in O.S.No.563/2010 before the Principal Civil Judge (Sr.Dn.) &...

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Bombay High Court Allows Revision Against Trial Court's Order Permitting Re-examination of Complainant's Witness in NI Act Case. Court holds that once a witness is discharged, recalling for further examination is impermissible without justifiable cause under Section 311 CrPC.

The applicant, Anil s/o Govindrao Chaudhari, challenged two orders passed by the Judicial Magistrate, First Class, Nagpur dated 14/9/2012 and 15/01/20...

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Bombay High Court Dismisses Writ Petition Challenging Trial Court's Refusal to Reopen Evidence in Civil Suit — No Error in Discretion Exercised Under Order 18 Rule 17 CPC.

The petitioners, defendants in a civil suit, challenged the order of the trial court dated 28.2.2014 rejecting their application under Order 18 Rule 1...

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Bombay High Court Dismisses Writ Petition Challenging DRT Order Allowing Recall of Witness for Cross-Examination. Debt Recovery Tribunal Has Inherent Power to Recall Witness Under Section 22 of Recovery of Debts Due to Banks and Financial Institutions Act, 1993 for Effective Adjudication.

The petitioners, Deepak Kochhar and Rajeev Kochhar, filed a Writ Petition under Article 226 of the Constitution of India before the Bombay High Court ...