...to reopen the evidence of PW1, to recall PW-1 and to receive the 10(1) copy for the Fasali 1395 and cultivation adangals for the fasali 1395. Perused the affidavit...allowed, setting aside the orders in I.A.Nos.171, 172 and 173 of 2016, and the trial Court is directed to reopen the evident of PW1, recall PW-1 and receive the documents subject to proof and...

...to reopen the evidence of PW1, to recall PW-1 and to receive the 10(1) copy for the Fasali 1395 and cultivation adangals for the fasali 1395. Perused the affidavit...allowed, setting aside the orders in I.A.Nos.171, 172 and 173 of 2016, and the trial Court is directed to reopen the evident of PW1, recall PW-1 and receive the documents subject to proof and...

...to reopen the evidence of PW1, to recall PW-1 and to receive the 10(1) copy for the Fasali 1395 and cultivation adangals for the fasali 1395. Perused the affidavit...allowed, setting aside the orders in I.A.Nos.171, 172 and 173 of 2016, and the trial Court is directed to reopen the evident of PW1, recall PW-1 and receive the documents subject to proof and...

...A order, whereby the learned Special Judge dismissed petition filed by the petitioner herein to recall PW1, who is the victim. 2. Heard the learned counsel for the... Act by the accused. 4. In this matter, petition to recall PW1 was filed by the accused by resorting to Section 311 of Cr.P.C. holding...." 8. The sole reason urged by the petitioner to recall PW1 is that the earlier counsel failed to adduce necessary evidence during cross-examination and it was noticed by the...

..., Salem. 2. The petitioner/accused in S.C.No.335 of 2017 had failed to cross examine PW1 to PW4. Thereafter, he had filed 311 Cr.P.C. petition to recall PW1 to PW4, however...the Lower Court permitted to recall the PW1, who is the victim and dismissed with regard to PW2 to PW4. Thereafter, again the petitioner filed a petition to recall PW2 to PW4, which came to be...that the petitioner had filed 311 Cr.P.C., before the trial Court to recall PW1 to PW4 and the trial Court had permitted to recall PW1 and dismissed with regard to PW2 to PW4. Thereafter, he filed...

...2016 in H.M.O.P No. 30 of 2000.2. The petitioner/wife herein earlier filed an application before the Court below to recall PW1 for further cross examination in a matrimonial proceedings...proceedings held before the Court below is filed, it is seen that earlier the petitioner/wife filed I.A No. 98 of 2014 to recall PW1 for further cross examination and the same was allowed on...adjourned to 20.04.2016 On that day, for the first time, the counsel appearing on behalf of the petitioner/wife was not ready to cross examine PW1, the application in I.A No. 98 of 2014 to recall PW1 for...

...petition filed to re-open the PW's and recall PW1. For Petitioner : Mr.S.Saravana Kumar ORDER This Criminal Revision Case has been filed..., Coimbatore, thereby dismissed the petitions to reopen Page 1 of 4 and recall PW1 for further...matter was posted for arguments, the petitioner filed petition to recall PW1 for cross examination since the petitioner failed to cross examine PW1 at the time of chief examination and it was allowed on...

...911 of 2017 in O.S.No.75 of 2016 on the file of the Sub Court, Perundurai.)1. The 2nd plaintiff in O.S.No.209 of 2004 whose application for reopening the evidence of PW1, recall PW1 and to...document and to reopen the evidence of PW1.� He would also rely upon the Judgement of the Hon'ble Supreme Court in Vadiraj Naggappa Vernekar (D) through Lrs Vrs Sharad chandra Prabhakar Gogate...exercising the discretion, the Court must see that the party seeking recall of a witness is not allowed to fill up the lacuna in the evidence discovered on cross examination.� The prejudice to one of the...

...Additional District and Sessions Judge at Warangal and to recall PW1 in Spl.SC No.36 of 2019 for further cross examination. The petitioner herein is the sole accused in the said case...Crl.MP No.145 of 2021 seeking to recall PW1. She is the mother of the victim. The petitioner sought recall of PW1 on the ground that there is change of counsel and his earlier counsel has missed certain...counsel is not a ground to recall PW1. In the impugned order, the court below specifically mentioned that PW1 was examined on 06.01.2020 and she was cross examined at length on 08.01.2020 itself and...

...This petition has been filed challenging the order passed by the Court below dismissing the application filed under Section 311 of Cr.P.C. to recall PW1 for further cross...recall PW1 for further cross examination on the ground that the petitioner wants to put some questions to PW1 with regard Ex.P6 which was marked through DW4. The Court below dismissed the application...recall PW1 for further cross examination. The Court below was perfectly right in holding that there are no valid reasons to recall PW1 for further cross examination. This Court does not find any...

...Spl.S.C.No.37 of 2024 and in this case already, witnesses were examined. Since PW1 was not cross-examined, he has filed a petition to recall PW1 before the trial Court and the same was dismissed without any...cross-examined PW1 and without any valid reasons, he has filed this petition to recall PW1 again and the same was dismissed by the trial Court. There is no infirmity in the order passed by the trial...and the petitioner has not stated any reasons to recall PW1, thereby, dismissed the petition. 5.Since the petitioner has not stated any valid reasons to recall PW1, this Court is not inclined to...

...No. 9504 of 2018 in CC No. 220/04 dated 07.12.2018 and permit to recall PW1 (Prayer in Crl.OP No. 29737 of 2018) CMP No. 9505 of 2018 in CC No. 220/04 dated 07.12.2018 and permit to Re-open (Prayer...by the Court below dismissing the petition filed under Section 311 Cr.Pc to reopen and recall PW1 for further cross-examination.2. The petitioner is facing trial before the Court below...for an offence under Section 138 of Negotiable Instrument Act. The petitioner filed a petition before the Court below under Section 311 Cr.PC to recall PW1 on the ground...

.... 49 of 2015 on the file of the Judicial Magistrate No. II, Sattur dismissing the petition to recall PW1/complainant.2. The learned counsel for the petitioner would submit that the...is not afforded to the petitioner to recall and cross examine PW1, it would be a case of no defence resulting in grave prejudice to the petitioner.3. The learned counsel for the...respondent would vehemently oppose the petition stating that earlier on a petition filed by the petitioner to recall PW1 the trial Judge had passed an order to permit the petitioner to recall the PW1 and...

...Sunil Thomas, J.:— Petitioner herein is the plaintiff in a suit for injunction. After the examination of DW1, plaintiff filed an application to reopen evidence and recall PW1. According to...' evidence to recall PW1 to let in evidence, in support of that fact mentioned in the plaint. This application was dismissed by the court below, which is under challenge in the present original petition...in cross examination. Only after the denial by DW1 to establish that fact, PW1 is sought to be recalled.3. I cannot appreciate the method of recalling PW1 for giving evidence on a fact...

...Judicial Magistrate, Fast Track Court, Kallakkurichi and allow the Criminal Original Petition in to recall the PW1 Periyasamy for further cross examination. For Petitioner...aside the order dated 28.12.2021 passed in C.M.P.No.2240/2021 in C.C.No.233 of 2018 on the file of the Judicial Magistrate, Fast Track Court, Kallakurichi and to recall the PW1 https://www.mhc P .tn e .g...Instruments Act. The petitioner had filed an application in C.M.P.No.2240 of 2021, seeking to recall PW1 in order to assess about his income and to revert the presumptions about financial capacity of...

...evidence of PW1 was closed. Petitioners filed applications to reopen the case and to recall PW1. The said applications were allowed on condition that the petitioners should cross examine PW1 in the...case, to recall PW1 and to allow his counsel to cross examine on their side in the suit. 3. The learned Judge considering the averments made in the affidavit and all the materials...earlier applications filed by them to reopen and recall PW1 when they were allowed and they did not cross-examine PW1. 4. Against the order of dismissal dated 29.04.2017 made in I.A.Nos...

..., has filed a 311 Cr.P.C petition in Crl.M.P.No.4170 of 2021 to recall PW1, PW3 to PW7 for cross examination. The trial Court partly allowed the 311Crl.P.C petition permitting the petitioner to recall...PW3 to PW7 with a condition that to pay Rs.1000/- as batta to all the recall witnesses PW3 to PW7. As regards PW1, the same has been dismissed, against which, the present petition. 2.The contention of...proceedings. He fairly submits that the lower Court permitted to recall PW3 to PW7, as regards PW1, for the reason that not to harass PW1, the petition has been dismissed. 4.Considering the rival submission...

...plaintiffs evidence and recall PW1 for further cross examination on the footing that on account of inadvertence, certain questions were omitted to be put to PW1 during the cross examination. The same was...resisted by the respondent/plaintiff.2. The Trial Court on a consideration of the case of both parties, found that no proper and valid reason has been given by the defendants to recall...PW1. It was also found by the Trial Court that the application was moved by the defendant only to fill up the lacuna and the trial court accordingly rejected the applications preferred by the defendants...

...the PW1, application under Section 311 of Cr.P.C is came to be filed, seeking to recall PW1. The said application was came to be rejected by the trial Court vide order dated...evidence led by the parties even the petitioner is examined as DW1. Under such circumstances, an opportunity should have been given to the petitioner to recall PW1 and to further cross-examine him. But...the trial Court rejected the application without any basis. Learned counsel seeks for indulgence and permit to recall the PW1 for further cross-examination in the interest of justice...

...filed challenging the order passed by the Court below dismissing the application filed by the petitioner under Section 311 of Cr.P.C., to recall PW1 for cross-examination. 1/4.... 4.The petitioner filed an application under Section 311 of Cr.P.C., to recall PW1 for further cross-examination. The same was dismissed by the Court below by an order dated 06.07.2023 and...recall PW1 in future. The Court below is directed to dispose of STC No.2094 of 2021, within a period of three months from the date of receipt of copy of this order...