...appropriate cases the court can rely upon the part of testimony of such witness if that part of the deposition is found to be creditworthy.12. The terms “hostile”, “adverse” or “unfavourable...and should not be granted at the mere asking of the party calling the witness. Extensively dealing with the terms “hostile, adverse and unfavourable witnesses” and the object of the provisions of the...the person who calls a witness to put any question to him which might be put in cross-examination by the adverse party. The courts are, therefore, under a legal obligation to exercise the discretion...

...do not appear to have been properly understood, it will be appropriate to clarify the law on the point.30. The terms “hostile witness”, “adverse witness”, “unfavourable witness...any of those terms so that, in India, the grant of permission to cross-examine his own witness by a party is not conditional on the witness being declared “adverse” or “hostile”. Whether it be the....)33. The rigidity of the rule prohibiting a party to discredit or contradict its own witness was to an extent relaxed by evolving the terms “hostile witness” and “unfavourable ...

...of the second proviso in proper perspective in the above-noted cases. Sarkar on Evidence (14th Edn.) at page 656 states in this behalf that:“‘Adverse party’ in the first proceeding is used to di...the right and opportunity to cross-examine the witness examined therein. The term “adverse party” connotes that party which has a right and opportunity to cross-examine in the first proceeding. This...proviso, therefore, obviously protects the rights of the adverse party in the first proceeding and not the party who produced the witness. The party against whom the witness is produced in the pre...

...the adverse party is sought to be disproved. In that sense, the party, who cross-examines, becomes the adverse party. 9. In the instant case, the revision petitioner, though ..., he files a petition to re-open and recall the very same hostile witness, namely D.W.2 to let in evidence in his favour. The reason stated for recalling him is to clarify certain factual aspects. Once a witness is treated ...declined to recall such witness to depose in favour of the adverse party. Further, the time gap of one year from the date of cross- examination and the date of filing of petition speaks volumes. ...

...contrary to the interest of respondent No.6 he has sought permission of the Court to cross-examine the DW.10 by treating him as hostile witness. He refers to Section 164 of the Indian Evidence Act, 1872 an...the facts and circumstances of the case, the Court would decide as to whether it is a case for treating the witness as hostile witness and to permit adverse party to cross-examine the said ...sought permission to cross-examine DW.10 by treating him as hostile witness. It is further submitted by the learned counsel for the petitioner that respondent No.6 is claiming right over the suit...

...interests of justice. The law on the subject is well-settled that a party will not normally be allowed to cross-examine its own witness and declare the same hostile, unless the court is satisfied...murder but resiled from that statement and made out a new case in evidence before the court that the accused was insane. Thus it is clear that before a witness can be declared hostile and the party...to cross-examine its own witnesses cannot be allowed. In other words a witness should be regarded as adverse and liable to be cross-examined by the party calling him only when the court is satisfied...

...of Punjab" and the relevant observations read as under:- "The cross-examination of a witness of an adverse party or a hostile witness...(Annexure P-4) passed by Judicial Magistrate First Class, Patiala, dismissing the application dated 14.12.2017 filed under Section 311 Cr.P.C for recalling prosecution witness PW-1, namely, Amritpal...complainant was cross-examined by the defence counsel on 07.12.2016, but the then the defence counsel failed to put material questions to the witness, therefore, the recalling of the prosecution...

...similar issue : " The cross- examination of a witness of an adverse party or a hostile witness is an art and every lawyer is an individual, may have different ways...) and P.W.3 Km. Versha are mother and sister, respectively of the victim, who allegedly died by hanging and witness 2...under Section 311 Code of Criminal Procedure would show that the accused has not raised any ground relating to recall of the witness for the purposes of tracing out the call detail records, and even no...

...and accordingly he should not be declared as a hostile witness.Section 154 of the Evidence Act, 1872 provides for impeaching the credi...Section does not say anything about declaring a witness hostile.The expression “hostile witness” is not mentioned in the Indian Evidence Act. It is a term imported from the English law where one coul...hostile witness or to permit Mr. Ghosh to put questions to the witness which could have been put to him in cross-examination by the adverse party. However, Mr. Ghosh is permitted to put to the ...

...the adverse party the use of any such term would have been contradictory. The section does not also use the expression ‘hostile witness’. It is true that there is nothing in section 154 as to declaring...witness can be called as adverse or a hostile witness. It can however broadly be stated that the court ‘can allow a party to cross-examine his witness firstly when his temper, attitude, demeanour ...himself hostile or adverse, and it is only then that the question of permission by the Court to put questions in cross-examination by the party who called the witness can arise. After the examination-in...

...Court may permit a party to cross-examine his own witness which right is normally available to adverse party.10. The implication of ...Court in its discretion permit a person who calls a witness to put any questions to him which might be put in cross-examination by the adverse party. Courts have also held if the witness discloses a ...Section 154 of the Evidence Act held that declaring a witness of a party as hostile is not permissible in civil proceedings but only...

...use of any of those terms so that, in India, the grant of permission to cross-examine his own witness by a party is not conditional on the witness being declared adverse or hostile. Whether it be the...notion that merely because a witness is declared hostile his entire evidence should be excluded or rendered unworthy of consideration..12. The terms hostile, adverse or unfavourable witnesses are al....d) In Indian law, there is no scope to use words hostile and adverse, therefore, grant of permission to cross-examine his own witness by a party is not conditional on the witness being...

.... The Court may, in its discretion, permit the person who calls a witness to put any questions to him which might fee put in cross-examination by the adverse party." An exhibition of ...concealing his real sentiments or hostile attitude, give unfavourable evidence and make statements contrary to the facts, known to him and what the party calling him expected him to say nor can the witness...merely giving unfavourable testimony be enough to declare him adverse, for he might be telling the truth which may go against the party calling him. He is hostile, it he tries to...

...question to him, which might be put in cross-examination by the adverse party. He submitted that, casually, a witness cannot be declared hostile; the hostile witness is described as one who is not...leave of the Court by the party calling him for evidence, he cannot, as a matter of general rule, be treated as washed off the record altogether. The term "hostile", "adverse" or "unfavourable" witness is not known...the party calling him. 7. In Sudhakar's case, the Hon'ble Apex Court held that under the common law, a hostile witness is described as one who is not desirous of...

...adverse party or a hostile witness is an art and every lawyer as an individual, may have different ways of grilling the witness in order to test the truthfulness and...tendered by a witness, is germane to the issue involved. An opportunity of rebuttal however, must be given to the other party. The power conferred under Section 311 Criminal...order dated 23.03.2023 passed by Judicial Magistrate Ist Class, Khanna, whereby his application dated 24.11.2022 filed under Section 311 Cr.P.C for recalling prosecution witness PW-1, namely, Harinderpal...

...testimony cannot also be enough to declare a witness adverse, for he might be telling the truth which goes against the party calling him. He is hostile if he tries to injure the party's case by prevaricating.... On the ground of policy a party should not be permitted to treat a witness as hostile the moment he gives any answers adverse to his case. It is entirely for the Court to decide whether in given...:“Question by party to his own witness - The Court may, in its discretion, permit the person who calls a witness to put any questions to him which might be put in cross-examination by the adverse ...

...might be put in cross-examination “the reason apparently being that ‘cross-examination’ being examination by the adverse party the use of any such term would have been contradictory. The section does not also use the expression “...party who has called the witness to cross-examine him. No hard and fast rules can be laid down as to when a witness can be called an adverse or a hostile witness. It can however broadly be stated ...Section 154, Evidence Act, as a hostile witness by the party who produced him. This question arises out of the following facts. The plaintif...

...which has called him may put him questions which may be put in cross-examination by the adverse party. After declaring the witness as hostile, the court was certainly not justified in recording “witness...witness being “declared hostile”. The Indian Evidence Act also does not contemplate any witness being “declared hostile”. However, as a matter of practice, when one party requests for permission to...Evidence Act, which states that “witness shall be first examined in chief, then (if the adverse party so desires) cross-examined, then (if the party calling him so desires) reexamined”. It is...

...:“The Court may, in its discretion, permit the person who calls a witness to put any question to him which might be put in cross-examination by the adverse party”.Section 154 ...adverse and liable to cross-examination by the party calling him only when, in the opinion of the Court he bears hostile animus to the party calling him and further that a hostile witness in the r...questions to the said witness as adverse party would put in a cross-examination as contemplated under Section 154 of the...

...:“But two important points must be borne in mind: first that a witness is considered adverse when in the opinion of the Judge he bears a hostile animus to the party calling him and not...discretion permit the person who calls a witness to put any questions to him which might be put in cross-examination by the adverse party.”2. The Division Bench has referred to us two.... [1858] 1 P. & F. 254., when a witness is treated as hostile and “cross-examined” by the party calling him, this must be dona to discredit the witness altogether and not...