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Search Results for "cross examination"

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High Court

Bombay High Court Quashes Order Allowing Re-examination During Cross-examination in NDPS Case — Re-examination Permissible Only After Cross-examination Under Section 137 of Indian Evidence Act, 1872

19 Jul 2012

The applicant, accused in NDPS Special Case No.51 of 2011 pending before the Special Judge for NDPS, Greater Mumbai, challenged an order dated 19 June...

High Court

Karnataka High Court Quashes Trial Court Order Summoning Plaintiff for Cross-Examination Without Examination-in-Chief Under Section 138 of Indian Evidence Act, 1872. Plaintiff Not Examined-in-Chief Cannot Be Compelled for Cross-Examination, and Defendant Cannot Summon Plaintiff as Own Witness Following Privy Council Precedent.

24 Feb 2020

The petitioner, as plaintiff in an injunction suit (O.S. No. 1963/2002), challenged a trial court order dated 15.10.2019 that allowed the respondent-d...

High Court

High Court of Karnataka Allows Re-Cross-Examination of PW1 in Criminal Complaint for Cheating and Criminal Breach of Trust — Right to Fair Trial and Effective Cross-Examination Upheld. The court set aside the trial court's order closing cross-examination and directed further cross-examination of PW1 to ensure a fair trial under Section 482 CrPC.

21 Jun 2024

The petitioner, Sri K. Nagaraj, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, challenging an order dated 01-04-...

High Court

High Court of Karnataka Allows Plaintiff to Cross-Examine Hostile Witnesses Called by Defendant in Money Suit — Section 154 of the Indian Evidence Act, 1872. The trial court's order treating DWs 3 and 4 as hostile and permitting the defendant to cross-examine them was set aside as premature and prejudicial to the plaintiff.

16 Oct 2019

The petitioner, Rajiv Vijaysarathy Rathnam, is the plaintiff in a money suit (O.S.No.1305/2013) pending before the XLI Addl. City Civil Judge, Bengalu...

High Court

Bombay High Court Allows State's Petition, Holds Accused Cannot Cross-Examine Approver at Pre-Committal Stage Under Section 306(4) CrPC. The right to cross-examine the approver arises only after committal to the Court of Sessions, as the examination under Section 306(4) is for committal purposes only.

18 Apr 2016

The State of Maharashtra filed a writ petition challenging the order of the Additional Sessions Judge, Greater Mumbai, which allowed the respondents (...

High Court

Bombay High Court Allows Cross-Examination Questions in Will Challenge Case — Right to Cross-Examine Cannot Be Curtailed Without Justification. The court held that in a suit to declare a Will as null and void on grounds of coercion and unnatural nature, questions aimed at drawing suspicion regarding execution are relevant and cannot be disallowed without recording reasons.

9 Jul 2015

The petitioner, Mr. Ajit Sukhijia, filed a suit in the Civil Judge, Senior Division at Panaji, seeking to declare a Will as null and void on grounds o...

High Court

High Court of Karnataka Dismisses Plaintiff's Writ Petition Challenging Trial Court's Order Permitting Cross-Examination of Hostile Witnesses in Money Suit. The court held that Section 154 of the Indian Evidence Act, 1872, allows the court to permit cross-examination of a witness by the party who called him if the witness appears hostile, and such discretion is not limited to witnesses called by the opposite party.

16 Oct 2019

The petitioner, Rajiv Vijaysarathy Rathnam, is the plaintiff in a money suit (O.S.No.1305/2013) pending before the XLI Addl. City Civil Judge, Bengalu...

High Court

Gujarat High Court Allows Revision Application, Restores Right to Cross-Examine Victim in POCSO Case Due to Medical Grounds and Denial of Fair Trial. The court held that the right to cross-examine is a fundamental part of a fair trial and denial of opportunity due to advocate's illness violates principles of natural justice.

27 Jan 2026

The present Criminal Revision Application was filed by the applicant, Imran Rajubhai Musabhai Miraja, challenging the order dated 26.11.2025 passed by...

High Court

High Court Allows Defendant to Produce Documents in Cross-Examination Despite Non-Compliance with Order VIII Rule 1A(1) of CPC. Procedural Rules as Handmaid of Justice Permit Production for Limited Purpose of Confrontation When Documents Relate to Pleaded Facts and Are Not Foreign to Case.

4 Mar 2026

The petition was filed by defendant no. 1 challenging the trial court's order rejecting his application to produce documents to confront plaintiff no....

High Court

Bombay High Court Allows Accused's Cross-Examination in NI Act Case - Right Under Section 145(2) Not Conditional on Written Statement. The court held that the accused's right to cross-examine the complainant under Section 145(2) of the Negotiable Instruments Act, 1881 is absolute and not dependent on filing a written statement, setting aside the trial court's rejection order.

9 May 2023

The petitioner, Rakesh Singh, filed two criminal writ petitions challenging the order dated 07/10/2023 passed by the trial court in two complaints und...

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