Search Results for "Recall of Witness"

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Search Results for "Recall of Witness"

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High Court

Bombay High Court Dismisses Petition Challenging Rejection of Application to Recall Witness in NI Act Case — Delay of 10 Years in Filing Application Held Unjustified and Not Condonable. The court held that an application under Section 311 CrPC to recall a witness for cross-examination filed after a delay of about 10 years from the date of examination-in-chief, without sufficient explanation, cannot be entertained as it would cause prejudice and defeat the ends of justice.

31 Jul 2019

The petitioner, Madan Amlokchand Mutha, filed a writ petition challenging the judgment and order dated 12.12.2003 passed by the learned Additional Ses...

High Court

Bombay High Court Dismisses Petition Challenging Re-examination of Complainant in NI Act Case — Section 311 CrPC Allows Recall of Witness for Just Decision. The court upheld the trial court's order allowing the complainant to be examined under Section 311 CrPC after cross-examination, finding no abuse of discretion.

11 Jul 2019

The petitioner, Anil Baburao Chalke, was the accused in SCC No. 1331 of 2016 filed by the first respondent, M/s. Meenamani Ganga Builder LLP, under Se...

High Court

Bombay High Court Allows Recall of Witness in Civil Suit for Cross-Examination on Newly Discovered Documents — Order 18 Rule 17 CPC. Petitioner/Defendant Granted Opportunity to Cross-Examine Plaintiff's Witness on Documents Discovered After Examination.

18 Jun 2019

The petitioner, defendant no. 2 in Regular Civil Suit No. 66 of 2009, challenged the order of the Joint Civil Judge, Junior Division, Kadegaon, reject...

High Court

High Court of Karnataka Allows Recall of Victim for Cross-Examination in POCSO Case — Right to Fair Trial Prevails Over Delay. The court held that the accused's right to fair trial includes effective cross-examination, and the trial court's rejection of the recall application was not justified.

13 Mar 2019

The petitioner, Chandrakant @ Kantu, was accused in Special Case (POCSO) No.11/2018 for offences under Sections 366(A) and 376(2)(i)(n) of IPC and Sec...

High Court

Bombay High Court Allows Informant's Petition to Restrict Cross-Examination of Prosecution Witness to Suicide Note in Dowry Death Case. Recall of witness under Section 311 CrPC is limited to the purpose for which recall was granted, and cross-examination cannot be expanded beyond the scope of the new evidence.

20 Feb 2019

The petitioner, Kartar s/o Tahelram Makhija, was the original informant in a criminal case registered against respondents No. 1 to 3 (accused) for off...

High Court

Bombay High Court Allows Informant's Petition to Restrict Cross-Examination of Prosecution Witness to Suicide Note in Dowry Death Case. Court holds that recall of witness under Section 311 CrPC is limited to the purpose for which recall was granted, and cross-examination cannot be expanded beyond the scope of the new evidence.

20 Feb 2019

The petitioner, Kartar Makhija, was the original informant in a case involving offences under Sections 304B, 306, 498A read with Section 34 of the Ind...

High Court

Bombay High Court Allows Recall of Witness for Cross-Examination in Sessions Case — Petitioner Granted Opportunity to Cross-Examine PW1 Despite Delay. The court set aside the trial court's order rejecting recall of witness under Section 311 CrPC, holding that fair trial requires opportunity to cross-examine, subject to costs.

31 Oct 2012

The petitioner, Dnyaneshwar Murlidhar Kapile, original accused no.3 in Sessions Case No. 35/2012, filed a criminal writ petition under Article 227 of ...

High Court

Bombay High Court Allows Accused's Petition to Recall Complainant for Cross-Examination in Cheque Dishonour Case. Magistrate's Rejection of Section 311 CrPC Application Set Aside as Failure to Exercise Jurisdiction.

23 Oct 2012

The petitioner, Shankar s/o Nathuji Khandare, was the original accused in S.C.C. No. 5305/2009 filed by respondent no.2, APT Packaging Limited, under ...

High Court

Bombay High Court Allows Recall of Complainant for Re-examination Under Section 311 CrPC for Identification of Weapons in Assault Case. The court held that the trial court's rejection of the application was improper as the identification of weapons was necessary for just decision and did not amount to filling a lacuna.

4 Sep 2012

The applicant, Yamunabai Namdeo Dhumal, the original complainant, filed a criminal application under Section 482 of the Code of Criminal Procedure, 19...

High Court

Bombay High Court Allows Recall and Re-examination of Complainant in NI Act Case to Prove Documents Produced After Cross-Examination. The court held that when documents are allowed to be produced in the interest of justice, the witness must be given an opportunity to prove them, and rejection of such application is not sustainable.

20 Jan 2012

The petitioner, Tukaram Salunkhe, filed a private complaint under Section 138 of the Negotiable Instruments Act, 1881 against the respondent, Sahebrao...

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