...find it difficult to place any reliance on this witness. If the evidence of this witness is to be eschewed then, we are left with other circumstances mentioned above. The motive, by itself, is not a.... 5. The learned Counsel for the appellant submits that PW-6 is a false witness and is of a questionable character and at the back and call of the police and his conduct is unnatural, and..., therefore, it is unsafe to place any reliance on his evidence and that if his evidence is eschewed then the remaining circumstantial evidence is wholly insufficient to connect the accused with guilt...

...from service on the defendant's company and therefore the deposition of DW1 has to be eschewed and on his place, a new witness has been examined.2. The learned counsel for the applicant...Master and Servant relationship between the witness and the defendant will not render the evidence to be eschewed. The witness is bound to subject himself for cross examination and in case, if he does not...Heard the learned counsel for the applicant/defendant.The present application is taken to eschew the evidence of DW1 on the premise that the said witness has left...

...examination, the same is binding on him and it cannot be eschewed. Even otherwise, once evidence is eschewed on behalf of a witness, he has no opportunity to give evidence in the same case again on his behalf...for the revision petitioner that when once evidence of a witness is eschewed, evidence of the same witness cannot be taken and since in the present case, the evidence of PW2 in the form of affidavit...that purpose, the plaintiff filed I.A. No. 217 of 2019 under Section 151 CPC seeking to permit him to adduce of the evidence of Paila Sanyasi Rao in the correct form, as he is an essential witness...

...son-in-law. There is no reason to disbelieve his version. Though the trial court has rejected his evidence because of his relationship, we are of the view that merely because a witness is related, his...evidence cannot be eschewed. On the other hand, it is the duty of the court to analyse his evidence cautiously and scrutinise the same with other corroborative evidence. The High Court has rightly...8.00 o'clock and Ramaiah (PW 1) gave a statement to the police. In the said statement viz. Ext. P-1, he also signed as a witness. He identified his signature in Ext. P-1. He was also present when the...

...defendant and for other reliefs. 4. It appears that the fourth defendant in the suit originally was examined as D.W.1 and the Court suo-motu eschewed the evidence of D.W.1 as the said...witness did not appear for cross- examination for sometime. Now, the fourth defendant has filed an interlocutory application in I.A.No.519 of 2017 in O.S.No.64 of 2011 under Section 151 of...evidence was earlier eschewed as he did not turn up for cross-examination. Following the judgment of this Court in the case of 2009 (4) TLNJ 217 (Civil) D.F.Philips Vs. Damayanthi...

...on the part of the witness to avoid cross examination, it cannot be said that the entire evidence has to be eschewed from the consideration. It is always possible for the Court to...District Munsif Court has followed the principles of law that the evidence of witness cannot be eschewed. However, the impugned order does not preclude the petitioner from producing any other witness...for eschewing the incomplete evidence of a witness. The evidentiary value or probative value of such evidence is a matter to be considered by the trial Court, Situations would...

...through, cannot be eschewed altogether. The Madras and the Calcutta High Courts have taken the view that even where a witness is not cross-examined, the evidence cannot be eschewed completely...acceptable. If the witness was alive after the examination in chief, but did not offer himself for cross-examination, the entire evidence needs to be eschewed from consideration.... One of the circumstances under which the deposition of a witness in one set of proceedings can be made part of record in another set, is the death of the concerned witness. In the...

...expires halfway through, cannot be eschewed altogether. The Madras and the Calcutta High Courts have taken the view that even where a witness is not cross-examined, the evidence cannot be eschewed..., that becomes acceptable.11. If the witness was alive after the examination in chief, but did not offer himself for cross-examination, the entire evidence needs to be eschewed from...allowed the I.A. as prayed for. The other applications are almost formal in nature.8. One of the circumstances under which the deposition of a witness in one set of proceedings can be...

...his evidence eschewed from consideration by the courts below. The lady constable, Victoria, another shadow witness, who first arrived on the spot after the signal was given by PW 1, was not examined...receiving the same. The other panch witness, PW 5 and the lady constable Victoria were instructed to remain present nearby the side of the record room and rush to the spot on receipt of the signal from the...altogether a different version in the departmental proceedings against the appellant where he deposed in respect of the very incident earlier on 30-9-1987 rendering him totally an unreliable witness...

...plaintiffs also cross examined P.W.1. Mr.Prakash Adiapadam, would say an incompetent witness has entered into the witness box and therefore his evidence has to be eschewed. The application moved for eschewing.... Assuming that D.W.1 is an incompetent witness and his evidence is eschewed, the defendant will always set right the situation while examining the competent witness. In any event, the defendant's...defendants were examining a person who is unconnected with the case and still on the insistence of the Court, the said witness was cross examined. Due to the pressure of the litigation, the...

...evidence tendered by the witness is to be eschewed, such witness must have died or his whereabout is not known. The above observation is not correct. Even if the witness died, the evidence cannot be...evidence already adduced in the part-heard suit cannot be eschewed. The above observation of the trial Court is liable to be set aside by allowing this revision petition...spouse is competent to examine as witness in the Civil Suit as per Section 120 of Indian Evidence Act. Therefore, the reasons stated by the petitioner that without her consent, proof affidavit was filed...

.... Since the witness was not present, again it was adjourned to 10.06.2019 and from there it was adjourned to 18.06.2019, that on 18.06.2019 the evidence affidavit of PW.2 in chief examination was eschewed...aside the order dated 18.06.2019 wherein the evidence of PW.2 was eschewed from consideration. 3. Heard learned counsel on both sides. Perused the material available on record. For the...since then the witness failed to attend the Court except on 30.03.2019. 5. It appears that the trial Court has specifically directed PW.2 to appear on 10.04.2019 for cross-examination...

...recall and re-examine such person. The section does not contain any prohibition or bar to examine a person as witness whose evidence is already eschewed. The section enables the Magistrate to recall and re...her evidence was eschewed on 03-12-2003 as she did not appear for cross-examination. The prosecution filed Crl. M.P No. 225 of 2004 under Section 311 Cr. P.C, for recall of...-examination, her evidence was eschewed. On an earlier occasion, the petition filed by the petitioner in Crl. M.P No. 225 of 2004 to recall P.W 2 was allowed by the learned Magistrate on 22-01-2004...

...her husband was filed on 13.04.2016. But, he did not turn up for cross-examination and hence his examination was eschewed on 25.04.2016. There is no provision in law to recall a witness whose evidence...turn up, his evidence was eschewed. In those circumstances, she filed the application in I.A.565 of 2016 in O.S.No.47 of 2008 to reopen the matter for the purpose of her further evidence...was eschewed and the present application is filed only to drag on the proceedings. The trial Court dismissed the said application with the following order...

...as a hostile witness and her evidence would be eschewed. Therefore, the learned counsel, tried to impress upon the Court that the wife of the petitioner should be examined as Court witness...Challenging the dismissal of the petition filed by the petitioner, to examine his wife Chinnapillai, as Court witness by the Principal District Judge, Cuddalore, in C.M.P.No.4111/2017...petition to examine his wife as Court witness. The learned Sessions Judge passed a common order and dismissed the petition filed by the petitioner and allowed the petition filed by CBI. Challenging...

...unwilling to enter the witness box. The evidence of a party can be eschewed, if he had deposed in chief and does not present himself for cross-examination. 5.However, in this case, apart from the...deposition in chief, he was also cross-examined by the learned counsel for the defendant and thereafter he did not entered the witness box. If the evidence is eschewed today, whatever admissions or...entered the witness box and was also cross-examined by the defendant's counsel. Half way through the cross-examination, the power of attorney refused to enter the witness box, allegedly on the ground of...

...application in I.A.No.648 of 2007 with a prayer to reject the proof affidavit of D.W.2, as according to her, unless the evidence of D.W.1 was eschewed, it was not possible to examine D.W.2 as a witness...all matters to be considered and decided by the trial Court. However, the evidence so far tendered by a witness cannot be eschewed in the manner ordered by the learned Trial Judge...eschewing evidence of D.W.1 was allowed (I.A.No.658 of 2007) and the application filed by the revision petitioner to direct the respondents to cross examine the witness Vishnudas as D.W.2 was...

...of the learned counsel for the petitioners that in view of death of PW-1, the prayer sought for in the application has become infructuous, cannot be accepted. Whether the evidence of deceased witness...is required to be eschewed from records or whether in the facts and circumstances of the case, the said evidence could be relied on by the prosecution has to be decided by the Court while appreciating...

...representation on its behalf. Evidence once duly recorded cannot be eschewed from consideration. If the prosecution is unable to produce the witness examined in chief, certain adverse consequence may...flow. It is the duty of the prosecution to produce the witness examined in chief for the purpose of cross-examination and none else can be blamed if they fail to do so. 5. For the...

...:The learned counsel would submit that a mere fact that the evidence of a particular witness had been eschewed at a particular point of time is not a bar to recall the same person, if the...evidence of such a witness is felt to be necessary for the proper disposal of the matter at a latter point of time. The learned counsel also would maintain that the learned Judge had gone wrong in...: AIR 1983 SC 925 observed as follows:“So, the legal position is that a party who seeks for a prayer to the Court to issue summons to a witness, must reveal to th...