Search Results for "Recall of Witness"

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Search Results for "Recall of Witness"

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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 ...

High Court

High Court of Karnataka Allows Writ Petition Challenging Trial Court Orders in Civil Suit — Sets Aside Orders Dated 01.09.2022 and 02.01.2023 for Non-Compliance with Order XVIII Rule 17 CPC. Trial Court Directed to Recall Defendant No.1 for Cross-Examination on Additional Affidavit Filed Under Order XVIII Rule 17 CPC.

13 Oct 2025

The petitioner, defendant no.1 in O.S.No.8000/2012, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging two orde...

High Court

High Court of Karnataka Allows Amendment and Recall Applications in Arbitration Dispute — Sets Aside Arbitral Tribunal Order Rejecting IAs Under Order VI Rule 17, Order XVIII Rule 17, and Section 151 CPC. Court Holds That Liberal Approach to Amendment and Recall Is Warranted to Avoid Multiplicity of Proceedings and to Ensure Complete Adjudication.

2 Sep 2022

The petitioner, Sri N.S. Nagaraj Reddy, represented by his GPA holder Sri N. Kiran Reddy, filed a writ petition under Articles 226 and 227 of the Cons...

High Court

High Court of Karnataka Quashes Interim Compensation Order Under Section 143A of NI Act and Remands for Reconsideration — Section 311 CrPC Application Rejected as Not Maintainable

25 Aug 2022

The petitioner, accused in a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881, challenged two orders passed by the II A...

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...

High Court

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

3 Jul 2020

The petitioners, who are defendants in a partition suit (O.S. No. 67/2013) pending before the Senior Civil Judge and JMFC, Chintamani, filed a writ pe...

High Court

High Court of Bombay at Aurangabad Allows Complainant's Petition in Negotiable Instruments Act Case — Reinstates Magistrate's Order for Examination of Complainant's Witness. The court held that the revisional court exceeded its jurisdiction by interfering with the magistrate's discretion to recall a witness under Section 311 CrPC without proper justification.

11 Dec 2019

The petitioner, original complainant in a complaint under Section 138 of the Negotiable Instruments Act, 1881, challenged the judgment of the Addition...

High Court

Bombay High Court Allows Complainant's Application to Recall Witness in NI Act Case — Cross-Examination Right Not Forfeited by Mere Absence on One Date. The court set aside acquittal and remanded for recall of complainant for cross-examination under Section 311 CrPC.

12 Sep 2013

The applicant, Pratap @ Prakash Kripaldas Chugh, was the original complainant in a criminal complaint under Section 138 of the Negotiable Instruments ...

High Court

Bombay High Court Allows State's Revision in Rape Trial — Orders Recall of Victim for Re-examination After Additional Charge. Trial Court's Rejection of Recall Application Under Section 311 CrPC Set Aside as Prosecution Must Be Given Fair Opportunity to Present Case.

27 Aug 2013

The State of Maharashtra filed a criminal revision application challenging two orders dated 11.08.2011 and 18.08.2011 passed by the Additional Session...

High Court

Bombay High Court Allows Recall of Witness in Customs Case for Document Authentication — Union of India v. Raymond Ishola Yusuf. The court held that the trial court erred in rejecting the application for recall of P.W.6 to prove documents that were produced during his statement before the Customs Officer but not exhibited during trial.

18 Jul 2005

The Union of India filed a Criminal Revision Application challenging the judgment and order dated 5th April 2003 passed by the learned Special Judge i...

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