Search Results for "Recall order"

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Search Results for "Recall order"

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High Court

Bombay High Court Heard Writ Petition Challenging Interim Stay of Consent Decree in Fraud Allegations. The Court Examined Whether Third Parties Can Apply for Recall of Consent Decree Under Order XXIII Rule 3 and Section 151 of Code of Civil Procedure, 1908.

9 Jun 2025

The writ petition arose from a challenge to an interim order of a Civil Judge staying a consent decree and restoring a disposed suit at the instance o...

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

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

Bombay High Court Recalls Order Dismissing Revision in Maintenance Case Due to Mistake of Fact Regarding Claim Amount. Family Court Erred in Treating Maintenance Claim as Rs.10,000 Instead of Rs.1,00,000 per Month Under Section 125 Cr.P.C.

5 Feb 2015

The applicant, Jagruti Bhatia, filed Criminal Application No.35 of 2015 seeking recall of an order dated 20.1.2015 passed by the Bombay High Court in ...

High Court

Bombay High Court Dismisses Petition for Recall of Witnesses Under Section 311 CrPC — Ineffective Cross-Examination Not Ground for Recall. Petitioner's failure to confront witnesses with discharge card during cross-examination does not justify recall under Section 311 CrPC as the power is not meant to fill gaps in defence.

11 Dec 2018

The petitioner, Lawrence Dias, filed a Criminal Writ Petition under Article 227 of the Constitution of India and Section 482 of the Code of Criminal P...

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 Dismisses Revenue's Petition Challenging Tribunal's Recall Order in Hawala Income Tax Case. Tribunal's power to recall its ex parte order under Section 254(2) of the Income Tax Act, 1961 is upheld as procedural rectification.

2 Mar 2020

The case involves a writ petition filed by the Commissioner of Income Tax-12, Mumbai (Revenue) under Article 226 of the Constitution of India, challen...

High Court

Bombay High Court Allows Recall of Witness for Cross-Examination in Civil Suit — Procedural Rules Subserve Justice. Inherent powers under Section 151 CPC can be invoked to recall a witness for cross-examination when counsel was delayed due to unavoidable circumstances, as rules of procedure are handmaids of justice.

12 Oct 2018

The petitioner, Michelle Rejji Cope, filed a writ petition challenging the order of the trial court refusing to recall a witness for cross-examination...

High Court

Bombay High Court Dismisses Application for Recall/Review of Order Allowing Secured Creditor to Release Leasehold Rights. Applicant, an ex-director and guarantor, lacked locus standi as he was not a party to the original application and no fraud or mistake was established.

30 Jul 2013

The judgment concerns an application filed by Mr Shashikant Pasari, an ex-director and guarantor of Rajan (Textile) Mills Pvt Ltd (in liquidation), se...

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 ...

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