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SWARANA KANTA SHARMA
Gurvinder Pal Singh – Appellant
Versus
Ravinder Kaur – Respondent
| Table of Content |
|---|
| 1. challenge to trial court's order and cross-examination issues. (Para 1 , 2 , 3) |
| 2. conditions for cross-examination under section 311 cr.p.c. (Para 4 , 6 , 9) |
| 3. guidelines on fairness and exercising powers under section 311 cr.p.c. (Para 7 , 8) |
| 4. final decision on cross-examination and order disposal. (Para 10 , 11 , 12 , 13 , 14) |
JUDGMENT
Swarana Kanta Sharma, J.
1. The present Writ Petition under Article 226 of the Constitution of India read with Section 482 of Code of Criminal Procedure, 1973 ("Cr.P.C.") has been filed on behalf of the petitioner challenging order dated 21.04.2022 passed by learned Judge, Family Court, West, Tis Hazari Court, Delhi ("Trial Court") vide which his application under Section 311 Cr.P.C. for being granted opportunity to cross-examine the respondent, who is petitioner before the learned Trial Court has been dismissed.
2. The petitioner states that a decree for mutual consent divorce was obtained by him and respondent on 11.12.2001 in case HMA No. 910/2001 from the concerned Court at Delhi. It is stated that the divorce had been obtained after all matrimonial disputes pending between the parties had been amicably settled. It is no
Cross-examination is a vital aspect of a fair trial, necessitating a balance between the rights of both parties, especially when new evidence is presented.
The power to recall witnesses under Section 311 Cr.P.C. must be exercised judiciously, primarily to ensure justice, and not to remedy perceived inadequacies in prior legal representation.
The Court emphasized the broad powers under Section 311 Cr.P.C. to aid in the discovery of truth and ensure a just decision.
The central legal point established in the judgment is the plenary power of the court under Section 311 of the Criminal Procedure Code to summon any person at any stage of the proceedings as a witnes....
The right to cross-examine witnesses is not absolute and requires justification; a mere change of counsel does not alone satisfy the criteria for recalling a witness under Section 311 CrPC.
Re-examination - Scope of section 311 Cr.P.C. - Section 311, Cr.P.C. that request for re-examination has been made solely on ground that Senior Counsel has been engaged in place of a Junior Counsel a....
The right to cross-examine witnesses is a statutory and fundamental right, crucial for ensuring a fair trial, necessitating courts to allow such opportunities to the accused.
The aim of every Court has to discover the truth. Section 311 of the Code is one of many such provisions of the Code which strengthen the arms of a Court in its effort to ferret out the truth by proc....
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