Search Results for "Recall Judgment"

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Search Results for "Recall Judgment"

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Supreme Court

Supreme Court Allows State Appeal Against High Court Order Permitting Recall of Prosecutrix for Cross-Examination in Rape Case. Section 311 CrPC Recall Allowed Only if Testimony is Essential for Just Decision and Not to Fill Gaps in Defence.

1 Jan 2026

The present appeal arises from a judgment of the High Court of Tripura which set aside the Trial Court's order rejecting an application under Section ...

Supreme Court

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.

1 Jan 2023

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...

High Court

High Court of Karnataka Allows Recall of PW-1 for Further Cross-Examination in POCSO Case — Section 311 CrPC Application Rejection Set Aside. The court held that the power under Section 311 CrPC must be exercised liberally to ensure a fair trial, and the trial court's rejection prejudiced the accused's right to cross-examine the victim.

6 Jun 2022

The petitioner, Mahammad Ali Akbar @ Ali Umar, is the accused in Special C.C. No. 407/2019 pending before the Additional City Civil and Sessions Judge...

Supreme Court

Supreme Court Dismisses Banks' Applications for Recall of Judgment in RTI Disclosure Case. Recall applications were held not maintainable as they were essentially review petitions in disguise, with no provision for recall under Supreme Court Rules, 2013, and banks had not impleaded themselves earlier in the dispute over RBI's duty to disclose information under Right to Information Act, 2005.

28 Apr 2021

The dispute originated from the Reserve Bank of India's refusal to disclose information under the Right to Information Act, 2005, citing exemptions un...

High Court

Bombay High Court Allows Recall of Witnesses in Murder Trial Under Section 311 CrPC When Legal Aid Counsel Failed to Adequately Cross-Examine Due to Lack of Instructions from Accused in Custody. The court set aside the Sessions Judge's order rejecting recall and permitted recall subject to payment of costs.

25 Jan 2021

The applicant, Jaideo s/o Jagdish Sajjal, was an accused in Sessions Trial 42 of 2020 before the Sessions Judge, Gadchiroli, charged with murdering hi...

High Court

Bombay High Court Allows Recall of Witnesses in POCSO Case Due to Violation of Right to Be Present Under Section 273 CrPC and Ineffective Cross-Examination by Former Advocate. The court set aside the Special Court's order refusing recall and directed recall of PW 1 to PW 9 for further cross-examination, holding that the applicant's absence during evidence and inadequate cross-examination caused serious prejudice.

14 Dec 2020

The applicant, Satpalsingh Surajsingh Bawari, a 19-year-old student, faced prosecution under the Indian Penal Code and the Protection of Children from...

High Court

Bombay High Court Allows Revision Against Order Closing Evidence in NI Act Case — Failure to Cross-Examine Complainant's Affidavit Does Not Automatically Close Defence Evidence. The court held that the accused's right to cross-examine the complainant's affidavit-in-evidence is fundamental to a fair trial under Section 138 of the Negotiable Instruments Act, 1881, and the trial court's order closing evidence without granting such opportunity was premature and set aside.

9 Mar 2020

The petitioner, Shankar Lotlikar, filed a criminal writ petition under Article 227 of the Constitution of India read with Section 482 of the Code of C...

High Court

Bombay High Court Allows Recall of Complainant for Cross-Examination in Cheque Dishonour Case — Section 311 CrPC Application Improperly Dismissed. The court held that the trial court erred in dismissing the application under Section 311 CrPC as the cross-examination was perfunctory and recall was necessary for a just decision.

31 Jan 2020

The petitioner, Shri Pedro Marcel Ferrao, filed a Criminal Writ Petition under Article 227 of the Constitution of India read with Section 482 of the C...

High Court

Bombay High Court Dismisses Petition Challenging Rejection of Recall of Elected Representatives Under Bombay Industrial Relations Act, 1946 — Labour Officer's Order Upheld for Lack of Sufficient Reasons in Recall Requisition.

7 Dec 2006

The petitioners, Mahindra and Mahindra Employees' Union and its members, filed a writ petition under Article 226 of the Constitution challenging the o...

Tribunals

NCLAT Dismisses Promoter's Appeal Against Rejection of Recall Application in Insolvency Case — Corporate Debtor's CIRP Initiation Upheld. The appeal challenged the rejection of an application to recall the order admitting the Corporate Debtor into CIRP under Section 7 of the Insolvency and Bankruptcy Code, 2016.

30 Nov -0001

The case pertains to an appeal filed by Shristi Infrastructure Development Corporation Limited, the Promoter of the Corporate Debtor (Sarga Udaipur Ho...

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