Search Results for "Recall of Witness"

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Madras High Court Dismisses Revision Against Refusal to Recall Witness in Partition Suit. Trial Court's Discretion to Reject Application Under Order 18 Rule 17 CPC Upheld as Not Perverse.

The case arises from a civil revision petition filed by defendants 2 and 5 in a partition suit (O.S.No.53 of 2022) pending before the Additional Distr...

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Supreme Court Allows Recall of Witness and Additional Documents in Commercial Suit — Upholds Liberal Approach Under Order XVIII Rule 17 CPC. Party Seeking to Place on Record E-Mails and Recall PW-1 for Cross-Examination Must Be Permitted to Ensure Fair Trial and Effective Adjudication.

The dispute arose from a Professional Services Agreement dated 19th February 2013 between M/s. Levitate Mobile Technologies Pvt. Ltd. (LMT), the appel...

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Bombay High Court Allows Recall of Witness in Cheque Dishonour Case Under Section 311 CrPC for Effective Cross-Examination. Petitioner Accused Granted Opportunity to Recall Complainant's Witness to Ensure Fair Trial and Just Decision.

The petitioner, Kavita Agrawal, was the accused in a criminal case under Section 138 of the Negotiable Instruments Act, 1881, pending before the Judic...

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Bombay High Court Dismisses Petitions Challenging Rejection of Application to Reopen Evidence in Civil Suit. Trial Court's Discretion Under Order 18 Rule 17 CPC Upheld as Defendants Had Sufficient Opportunity to Cross-Examine Witness.

The petitioners, who were the original defendants in Special Civil Suit No.74/2010 pending before the Second Joint Civil Judge, Satara, filed four wri...

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Bombay High Court Allows Recall of Prosecutrix for Cross-Examination in Gang Rape Case Due to Advocate's Inefficiency. Accused Granted Opportunity to Bring Omissions and Contradictions on Record Under Section 311 CrPC.

The applicants, Mansaram Shaligram Sawalkar and Bisram Baliram Mawaskar, were accused in Sessions Trial No. 7 of 2010 for the offence punishable under...

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Bombay High Court Dismisses Civil Revision Application in Trust Property Dispute — Upholds Trial Court's Refusal to Reopen Evidence. Applicant failed to demonstrate sufficient cause for recall of witness under Order 18 Rule 17 CPC, as the application was filed after a long delay and lacked bona fides.

The case involves a civil revision application filed by Sau. Sumita Pradeepkumar Dixit (original defendant No. 4) against the Gangadhar Makharia Chari...