Search Results for "recall of witness"

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Search Results for "recall of witness"

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High Court

High Court of Karnataka Allows Revision Petition in NI Act Case — Permits Complainant to Lead Further Evidence and Mark Xerox Copy of Postal Acknowledgment. The court held that the trial court erred in dismissing applications under Section 311 CrPC and Section 63 Evidence Act, as the postal acknowledgment was crucial to prove service of legal notice under Section 138 NI Act.

12 Dec 2019

The petitioner-complainant, Sri S Sudarshan, filed a criminal revision petition under Section 397 read with Section 401 of the Code of Criminal Proced...

High Court

High Court of Karnataka Quashes Reopening of Evidence in NI Act Case — Trial Court Cannot Suo Motu Recall Witness Without Application Under Section 311 Cr.P.C. The court held that the power under Section 311 Cr.P.C. cannot be used to fill gaps in the prosecution case after the matter is set down for judgment.

29 Aug 2018

The petitioner, Vasantha Amin, was the accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by the respondent, Shek...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Trial Court Order in Partition Suit — No Jurisdictional Error Found in Rejection of Application to Reopen Evidence Under Order 18 Rule 17 CPC. The court held that the trial court's discretion to reject the application for reopening evidence was judiciously exercised and did not warrant interference under Article 227 of the Constitution.

23 Feb 2018

The petitioners, who are defendants in a partition suit (O.S. No. 56/2006) pending before the Principal Civil Judge and JMFC at Chickballapur, filed a...

High Court

High Court of Karnataka Quashes Order Rejecting Application Under Section 151 CPC for Reopening of Evidence — Trial Court Failed to Exercise Jurisdiction Under Article 227. The court held that inherent powers under Section 151 CPC can be invoked to reopen evidence to secure ends of justice, and the trial court's refusal to allow the plaintiff to be examined in person was a failure to exercise jurisdiction.

31 Oct 2017

The petitioner, Smt. Jabeena Hussaini, represented by her power of attorney holder, filed a writ petition under Article 227 of the Constitution of Ind...

High Court

Bombay High Court Allows Petitioner's Application to Recall Witness in Specific Performance Suit — Trial Court's Dismissal of Recall Application Set Aside. Recall of PW-1 for Cross-Examination by Defendants 4 to 7 Permitted Under Order 18 Rule 17 CPC as No Prejudice Caused to Plaintiff.

29 Jun 2017

The petitioner, M/s. Shewalkar Developers Ltd., was the original plaintiff in a suit for specific performance of contract filed before the learned Civ...

High Court

High Court of Karnataka Allows Recall of PW-1 Under Section 311 CrPC in NI Act Case — Demand Promissory Note and Receipt Essential for Just Decision. The court held that the trial court erred in dismissing the application for recall solely on the ground of belated production without considering the relevance of the documents to prove the legally enforceable debt under Section 138 of the Negotiable Instruments Act, 1881.

13 Mar 2015

The petitioner, Sri Chandrakanth, filed a private complaint under Section 200 of the Code of Criminal Procedure, 1973 (CrPC) against the respondent, S...

High Court

High Court of Karnataka Allows Recall of Witness Under Section 311 CrPC in NI Act Case — Demand Promissory Note and Receipt Essential for Just Decision. The court held that the Magistrate erred in dismissing the application for recall of PW-1 to produce a demand promissory note and receipt, as these documents were essential for the just decision of the case under Section 138 of the Negotiable Instruments Act, 1881.

13 Mar 2015

The petitioner, Sri Chandrakanth, filed a private complaint under Section 200 of the Code of Criminal Procedure, 1973 (CrPC) against the respondent, S...

High Court

Bombay High Court Quashes 'No Cross' Order in NI Act Case — Right to Cross-Examine Cannot Be Denied Without Giving Opportunity. Accused's Right to Cross-Examine Complainant's Witness Is a Valuable Right and Cannot Be Extinguished by Defaulting on Costs.

8 Jul 2010

The petitioner, original accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed a Criminal Writ Petition under Articl...

High Court

Bombay High Court Allows Accused to Recall Complainant for Cross-Examination in NI Act Case — Failure to Cross-Examine on Crucial Points Results in Denial of Fair Trial. The court held that the right to cross-examine is a vital part of a fair trial and cannot be denied due to the advocate's absence, setting aside the Magistrate's order rejecting recall under Section 311 CrPC.

4 Feb 2010

The petitioner, Kanhaiyalal s/o Khayaldas Kewalramani, was the original accused in S.T.C. No. 164 of 2006 pending before the Judicial Magistrate, Firs...

High Court

Bombay High Court Allows Accused's Petition to Recall Complainant for Cross-Examination in Criminal Case — Right to Fair Trial Upheld Despite Delay. The court set aside orders rejecting recall application and directed trial court to permit further cross-examination subject to payment of costs of Rs. 500 to the complainant.

12 Jan 2010

The petitioner, Siddharth Dashrath Deshpande, was the accused in Criminal Case No. 609/2008 pending before the trial court at Darwha, arising from a c...

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