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High Court of Karnataka Allows Writ Petition to Recall Witness in Civil Suit — Petitioner Allowed to Recall PW1 for Cross-Examination. Order XVI Rule 1(3) CPC permits recall of witness for cross-examination if sufficient cause is shown and no prejudice is caused to the other side.

The petitioner, Sri Venkappa Gowda, represented by his GPA holder, filed a writ petition under Article 227 of the Constitution of India challenging th...

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Bombay High Court Recalls Order in CBI Revision Application Due to Non-Compliance with Natural Justice - Applicant Not Heard Before Adverse Order. The court held that an order passed without hearing a necessary party violates natural justice and must be recalled under Section 362 Cr.P.C.

The applicant, Mr. Ashok Chavan, was an accused in Special Case No. 42 of 2012 pending before a Special Judge, facing trial for offences under Section...

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Supreme Court Sets Aside High Court Order Permitting Recall and Reopening of Evidence in Civil Suit Due to Impermissible Filling of Lacunae. Recalling Witness Under Order XVIII Rule 17 CPC Cannot Be Used to Adduce Additional Evidence After Deletion of Rule 17A, Especially When Prior Admissions Exist.

The dispute arose from a civil suit filed in 2010 seeking declaration of ownership and permanent injunction over certain properties. The appellant, de...

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Bombay High Court Allows Recall of Witnesses for Cross-Examination in Criminal Case — Right to Fair Trial Prevails Over Procedural Delays. Accused Granted Opportunity to Cross-Examine P.W. Nos. 3 and 4 Under Section 311 CrPC Despite Previous Recall and Absence of Counsel.

The case involves a criminal revision application filed by Kishor Pannalal Gurarikar, the accused in Special Criminal Case No. 6 of 2010 pending befor...

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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 ...

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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.

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

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Bombay High Court Dismisses Petitions Challenging Recall of Witnesses Under Section 311 CrPC in Cheque Dishonour Case. Recall Allowed as No Prejudice to Accused and Opportunity for Cross-Examination Preserved Under Section 138 Negotiable Instruments Act, 1881.

The judgment pertains to two criminal writ petitions filed by the accused (Ketan Krishnakant Amin and M/s. Ketan Marketing) challenging an order dated...

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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.

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...