Search Results for Tag : Recall

News

SC: NCLAT Can Recall but Can’t Review its Judgment(02.08.2023)

Supreme Court has upheld NCLAT’s five-member bench ruling which held that while NCLAT is empowered to recall its judgment, it is not empowered to revi.....

Tags : Supreme Court, NCLAT, Recall, Review

Successive Applications for Recalling Witnesses Should Not be Encouraged: SC(12.02.2019)

Supreme Court has observed that filing of successive applications for recall of a witness under Section 311 of the Code of Criminal Procedure should n.....

Tags : Supreme Court, Recalling Witnesses

Chhattisgarh High Court Allows Plea of Accused to Recall Prosecutrix in POCSO Case(02.03.2022)

Chhattisgarh High Court has held that the right to cross-examination is a part of right to fair trial which every person has in the spirit of right to.....

Tags : Chhattisgarh High Court, Recall Prosecutrix in POCSO Case

MP HC: Change of Counsel Not Ground to Recall Witnesses u/s 311 CrPC(03.03.2022)

Madhya Pradesh High Court has dismissed a criminal revision, whereby the Applicant was praying for re-examination of witnesses in a trial, holding tha.....

Tags : Madhya Pradesh High Court, Change of Counsel, Recall Witnesses

Orissa HC: Right of Accused to Recall Witnesses u/s 311 CrPC Cannot be Denied(07.03.2022)

Orissa High Court has ruled that the right of an accused to recall witnesses under Section 311 of the Code of Criminal Procedure, 1973 cannot be denie.....

Tags : Orissa High Court, Right of Accused to Recall Witnesses

Kerala HC: Child Witness Can be Recalled if Necessary for Just Decision(16.12.2022)

Kerala High Court has held that statutory bar imposed on Special Courts by Section 33(5) of POCSO to ensure that a child is not repeatedly called to t.....

Tags : Kerala High Court, POCSO, Child Witness, Recalled

Judgments

Tribunal has power to recall witness on ground of mistake of an Advocate(28.04.2017)

Challenge in present petition is to order, by which learned Presiding Officer of Industrial Tribunal dismissed Petitioner's application for recall of .....

Tags : Cross-examination, Recall, Witness

Madras High Court: Practice of Recalling Witnesses Repeatedly Should be Stopped(20.06.2019)

Madras High Court has held that the practice of treating petitions under Section 311 of the Code of Criminal Procedure, 1973 in a casual manner and r.....

Tags : Madras High Court, Recalling Witnesses

SC: Witness Can't be Recalled for Giving Different Statement in Another Case Relating to Same Event(23.06.2022)

Supreme Court has held that merely because a different statement was given by prosecution witness in another case relating to the same incident, that .....

Tags : Supreme Court, Recalling Witness, Prosecution Witness

Karnataka HC: Mere Change of Counsel Cannot be a Ground to Recall Witness(24.10.2024)

Karnataka High Court has stated that mere change of counsel cannot be a ground to recall a witness. The application under Section 311 CrPC must contai.....

Tags : Karnataka High Court, Section 311 CrPC, Recall Witness

Re-examination of a witness by party calling the witness is a right conferred under statute and unless such a right is declined, a party cannot be denied the opportunity to re-examine witness(11.06.2019)

Present Petition had been preferred against the order passed by the learned Sessions Judge, by means of which the learned trial Court had allowed the .....

Tags : Recall, Witness, Cross examination, Legality

Witnesses cannot be allowed to be recalled in a routine manner merely on basis that cross-examination was not properly conducted(30.01.2024)

In facts of present case, the complainant/Petitioner had filed a complaint against the accused/respondent under Section 138 and 142 of the Negotiable .....

Tags : Witness, Recall, Legality

Inherent power under Section 151 of CPC, can be invoked in appropriate cases to re-open the evidence or to recall witness for further examination(11.03.2024)

The present petition has been filed by the Petitioners under Article 227 of the Constitution of India, 1950 for setting aside the impugned order passe.....

Tags : Recall order, Permission, Grant

Discretionary power under Section 311 of CrPC should be invoked, when it is essential for the just decision of the case(29.08.2023)

The present appeal has been filed against the order passed by the High Court, by which the prayer for recall of the Appellant as a witness in the tria.....

Tags : Recall, Witness, Examination

Non-consideration of the decision of High Court or of Supreme Court is a 'mistake apparent from record', which could be rectified under Section 254(2) of the IT Act(14.12.2022)

By way of present Miscellaneous Applications under Section 254(2) of the Income Tax Act, 1961 ( IT Act), the assessee seeks recall of the common order.....

Tags : Assessment, Common order, Recall

International Cases

Only exceptionally will law countenance a deprivation of liberty at direction of executive(27.07.2016)

Appellant suffered protracted mental disorder, namely a personality disorder and a chronic paranoid delusional disorder and has a long history of admi.....

Tags : Recall, Detention, Explanation

Arbitration tribunal empowered to recall order ‘in the interest of justice’(08.07.2016)

An arbitration tribunal can exercise its inherent powers to “secure the ends of justice”, the Chhattisdarh High Court said, allowing claims that the t.....

Tags : chhattisgarh, arbitration, order, recall, interest of justice