..., Gwalior in Case No.2172/2015 SCNIA has been affirmed, by which an application under Section 91 of Cr.P.C. r/w Section 165 of Evidence Act filed by the petitioner has been rejected..., and for the same, the petitioner / accused has preferred his defense and submitted application under Section 91 of CrPC read with Section 165 of the Evidence Act but the Courts below ha...Order 91 of CrPC read with Section 165 of Evidence Act be allowed. On the other hand, learned counsel for the respondent argued that the impugned order is in...

..., however in the cross-examination she denied the commission of offence by the petitioner, at that juncture the court in exercise of power under Section 165 of the Evidence Act asked the .... read with section 165 of the Indian Evidence Act was moved. Learned court below rejected the application by holding that on the earlier occasion the accused/petitioner was being represented by a...competent lawyer and with the change of lawyer section 311 of Cr.P.C. cannot be invoked. 4. Learned counsel for the petitioner would submit that the power under Section 165 ...

...all the prosecution want to rely. Beyond that, there is Section 165 of Evidence Act for the Court to call for to...Section 311 Cr.P.C but also under Section 165 of Evidence Act got wide powers..... Section 165 Evidence Act speaks that the Judge may in order to discover or to obtain proper proof of relevant facts, ask any question he pleases, in any form, at any time, of any witness, or ...

..., Code of Civil Procedure, 1908 ('CPC') and an application under Section 165 of Evidence Act, 1872 for seeking leave of the said Court to cross examine the Local Commissioner on her state... $~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 31.10.2023 + CM(M) 1765/2023.... 28662/2023 (for exemption) Allowed, subject to all just exceptions. Accordingly, the present application stands disposed of. CM(M) 1765/2023, CRL.M.A...

...put questions to PW No.51, under Section 165 of Evidence Act in relation to further statement dated 28/11/2013 of.... On inquiry the Court was informed that the trial is at the verge of completion. Even statements of the accused persons have been recorded under Section 313 of Code of Crimi...statements of the accused under Section 313 of Code of Criminal Procedure. I do not find any illegality in the impugned order which would require this Court to exercise its power...

...recorded by the trial court but remained incomplete. An application under Section 311 Cr.P.C & Section 165 of Evidence Act was filed by the petitioner for re-examination...Section 311 & 165 of Evidence Act and not granting opportunity of re-examination of the petitioner which was essential to arrive at just and pr...the petitioner under Section 311 Cr.P.C and Section 165 of Evidence Act apparently seems to have been filed to fill the lacuna at the time of final arguments ...

...Section 165 of Evidence Act; the Tribunal has power to examine the treating doctor as Court witness ...Section 165 of the Evidence Act, the Tribunal has ample power to summon the Court witness. In this case, the Tribunal has ...exercised its power under Section 165 of the Evidence Act. 10. Under the circumstances, it is...

...the deceased was strangulated. Kulhari is blood stained and so is the rope. This material piece of evidence however, has not been examined nor its value properly appreciated by the courts below as ought to have been done as it could...appellants have been convicted under Sections 302/201/120B of I.P.C and sentenced for life imprisonment. Presently all the appellants are in jail. The matter relates to the murder of ten years old boy...notice of this Court that during the investigation, from the scene of crime the body of the deceased was recovered with one “Kulhari” evidently the weapon used in the crime and a plastic rope by which...

...supporting the case, I am inclined to direct the trial court to consider testimonies of such witnesses in the context of subsection (2) of Sec. 154 r/w. Section 165 of ...application is filed under Section 439 of the Code of Criminal Procedure in connection with first information report registered at C.R.No.I252 of 2009 with Odhav Police Station..., 75, 81 and 83 of the Bombay Prohibition Act. 3 One of the grounds pressed into service by the learned counsel for the applicant seeking bail in this application is that there is...

.... The question put by the Court to the learned counsel appearing for the appellant under Section 165 of Evidence Act as...Motor Vehicles Act is that on 20.6.2009 at about 9.00 p.m. when the petitioner was walking slowly and cautiously in the land of one Pillappa bearing ...Motor Vehicles Act, 1988 (Act for short) is as under: Section 2(28): Motor Vehicle or vehicle means any mechanica...

...on the question of exercise of plenary power vested under section 311, Cr. PC as well under section 165 of ...Court failed to invoke its plenary power under section 311 of the Cr. PC or under section 165 of Evidence ...section 165 of Evidence Act upon them. Our common experiences, however, tell us that in Criminal Courts whenever the Trial...

...defendant No. 2 to permit certain documents being placed on record. 2. The Notice of Motion is taken out at a stage when the evidence of the parties is over and it was strongly opposed by the plaintiff by po...documents. Considering that the power available under Section 165 of the Evidence Act read with Section 151 of the Code of Civil Procedure, permits the document merely to be exhi...for, the Notice of Motion is allowed. I do not see any legal infirmity in the impugned order as learned Judge has exercised power under Section 165 of the Evidence Act and if the contents ...

.... It is a common experience in criminal courts that defence counsel would raise objections whenever courts exercise powers under Section 311 of the Code or under Section 165 of the Evidence ...and Psychotropic Substances Act, 1985. The appellant is now on bail pursuant to an order granted by the High Court of Delhi. As the trial proceeded almost to the end when the prosecution and the...defence closed their evidence on 19-9-1997, the case was posted for further steps. Nevertheless, subsequently, the case stood posted to some other days also. On 7-3-1998, at the instance of the prosecution...

...participatory role to play and having been invested with norms taken under section 311 as well as section 165 of the Evidence Act, the trial court must rise to the occasion in public interest. Fur...clear from section 165 of Evidence Act that no-one can object to the question which are put by the court. 9. The counsel for the applicant could not point...? 7. The duty of the Court is not to sit idle and watch the proceedings and decide the case on the basis of the evidence lead by the parties. Although, the Court cannot act as...

...which had not taken serious care during the course of recording of evidence and not made good use of provision under Section ...: Section 165 of Evidence Act. " 165. Judge's power to put questions or order...just decision of a trial and the same could be got proved and directed to be produced by Trial Court under Section 165 of Evidence Act and 311 of Cr. P.C. The S...

.... 6. Considered the submissions made by counsel for the applicant. 7. Section 165 of the Evidence Act reads as under...been invested with norms taken under section 311 as well as section 165 of the Evidence Act, the trial court must rise to the occasion in public interest. Further more, it is clear from ...shall he dispense with primary evidence of any document, except in the cases hereinbefore excepted. 8. From the plain reading of this section it is clear that the Judge in...

...) 16 SCC 173, wherein the Hon'ble Apex Court discussed the duty of the Criminal Court and the powers available under Section 165 of the Evidence Act, in the following manner...the various decisions relied upon by the learned counsel for the appellant referred to above on the interpretation of Sections 301 and 311 of Cr.P.C, as well as Section 165 of the Evidence ...with enormous powers under Section 311 of Cr.P.C, as well as Section 165 of the Evidence Act, a trial Court in a situation like the present one where it was brought to the notice ...

..., interalia, stating that at the stage of hearing of the Execution petition, the Court could not have invoked Section 165 of the Evidence Act and therefore, the impugned order is not sust....3. Mr. Vasim Mansuri, learned advocate appearing for and on behalf of the petitioners submitted that by invoking Section 165 of the Evidence Act, the Executing Cou...165 of the Evidence Act, is not attracted at all. Section 165 of the Evidence Act conferred vast and vide powers on the Presiding Officer of the Court to elicit...

...Section 311 of Cr.P.C. R/w Section 165 of Evidence Act and application U/s. 70(2) of Cr.P.C. for cancellation of NBW issued against the accused person, filed by...the offence under section 138 of the Negotiable Instrument Act. The successor of a Magistrate under section 326 Cr.P.C. is not bound to pronounce...section 311 Cr.P.C. was filed, prejudice has been caused to the right of the accused.5. It is further submitted that the lower court cannot pronounce the...

...witness are regulated by the special provisions of Section 165 of the Evidence Act exclusively, so that a previous statement of the witness, who is called as a Court witness, can be used ...contradict him even if it was made to the police during the investigation. This, it is submitted, is the effect of the special powers of the Court under Section 165, Evidence Act..... But, at the same time, we find that the powers of the Court, under Section 165 of the Evidence Act, to put any question to a witness, are also couched in very wide terms authorising the Judge “i...