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Indian Evidence Act, Section 137 – Summary
Main Points and Insights
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Provision and Purpose: Section 137 of the Indian Evidence Act, 1872, mandates that courts must provide an opportunity for witnesses to be re-examined or recalled for re-examination, especially to clarify or explain matters (e.g., R. OMNARAYAN KHANDELWAL VS MADDINENI SRAVAN KUMAR - Telangana, Govindlal Soni VS Ambalal Laxmi Lal Ji - Rajasthan, Tarun Khurana VS Krishna Mittal - Current Civil Cases, Govindlal Soni VS Ambalal - Rajasthan).
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Scope of Re-examination: The section grants courts discretion to allow re-examination of witnesses to ensure a fair trial and proper understanding of evidence. This includes recalling witnesses under specific circumstances, such as to explain their statements or clarify ambiguities (Govindlal Soni VS Ambalal Laxmi Lal Ji - Rajasthan, Tarun Khurana VS Krishna Mittal - Current Civil Cases).
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Application in Court Proceedings: Courts have invoked Section 137 to permit re-examination of witnesses, often after initial examination or cross-examination, to prevent miscarriage of justice (Tarun Khurana VS Krishna Mittal - Current Civil Cases, Govindlal Soni VS Ambalal Laxmi Lal Ji - Rajasthan).
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Related Sections: Section 138 complements Section 137, dealing with the re-examination of witnesses, emphasizing the court's discretion in managing witness testimonies (Govindlal Soni VS Ambalal Laxmi Lal Ji - Rajasthan, Chitwan Kothari VS Mohd. Ibrahim - Rajasthan).
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Legal and Procedural Context: The section is invoked in various cases, including property disputes, criminal cases, and civil suits, to facilitate comprehensive examination and avoid unfair prejudice (M. Sellappan VS Athiappan & Others - Madras, Kavi Ghei VS Rohit Vaid - Delhi).
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Judicial Discretion: Courts have held that the power under Section 137 is wide and discretionary, aimed at ensuring justice rather than rigid procedural constraints (Govindlal Soni VS Ambalal Laxmi Lal Ji - Rajasthan, Govindlal Soni VS Ambalal - Rajasthan).
Analysis and Conclusion
Section 137 of the Indian Evidence Act plays a crucial role in ensuring fair trial procedures by allowing courts to recall witnesses for re-examination when necessary. Its broad scope and judicial discretion help prevent injustice arising from incomplete or ambiguous testimonies. Proper application of this section supports the integrity of the judicial process, especially in complex cases requiring clarification of witness statements.
References:
- R. OMNARAYAN KHANDELWAL VS MADDINENI SRAVAN KUMAR - Telangana: Emphasizes the importance of providing opportunities under Section 137.
- Govindlal Soni VS Ambalal Laxmi Lal Ji - Rajasthan, Govindlal Soni VS Ambalal - Rajasthan: Discuss the wide scope and judicial discretion under Sections 137 and 138.
- Tarun Khurana VS Krishna Mittal - Current Civil Cases, Tarun Khurana VS Krishna Mittal - Current Civil Cases: Highlight courts' power to recall witnesses for re-examination.
- M. Sellappan VS Athiappan & Others - Madras, Kavi Ghei VS Rohit Vaid - Delhi: Illustrate practical applications in property disputes and procedural aspects.
Search Results for "137 Indian Evidence Act"
2018 0 Supreme(AP) 977 • India - Telangana
GUDISEVA SHYAM PRASAD
The court also emphasized the importance of providing such an opportunity under section 137 of the Indian Evidence Act, 1872. ... The court also emphasized the provision under section 137 of the Indian Evidence Act, 1872, which mandates providing such an opportunity ... of the Indian Evidence Act, 1872 Fact of the Case: The plaintiff filed a suit for declaration of title and perpetual ... In view....
2020 0 Supreme(Raj) 665 • India - Rajasthan
SANJEEV PRAKASH SHARMA
. - SECTION 24 INDIAN EVIDENCE ACT, 1872 - SECTION 137 INDIAN EVIDENCE ACT, 1872 - SECTION 145 INDIAN EVIDENCE ACT, 1872 - SECTION ... (b) A statement recorded under clause (a) of a person, who is temporarily or permanently mentally or physically disabled, shall be considered a statement in lieu of examination-in-chief, as specified in section 137 of the Indian Evidenc....
2018 0 Supreme(Raj) 49 • India - Rajasthan
PUSHPENDRA SINGH BHATI
& 138 of the Indian Evidence Act. ... & 138 of the Indian Evidence Act. ... & 138 of the Indian Evidence Act was allowed. ... 138 of Indian Evidence Act. ... & 138 of Indian Evidence Act file by the present petitioners may kindly be allowed in toto. ... Evidence Act. ... Section 13....
• India - Current Civil Cases
M.L.MEHTA
Thereafter, the plaintiff/respondent filed application under Section 137, Indian Evidence Act for recalling PW2 for re-examination ... Evidence Act. ... Evidence Act, 1872—Sections 137 and 138—Court has power to allow recalling of witness for re-examination—Re-examining is to be directed ... The plaintiff/respondent had moved application under Section 137 of the Indian Evidence #....
2003 0 Supreme(Pat) 390 • India - Patna
P.N.YADAV, S.N.JHA
Indian Penal Code, 1860-Section 302/149 read with Section 137 of Indian• Evidence Act, 1872-Murder-Evidence of prosecution witnesses ... doubtful-Deviation in the evidence of informant is an improvement in the case intended to probabilise the chain of witnesses to ... also not corroborating the prosecution case regarding manner of occurrence-Reading the evidence of the witnesses as a whole leaves ... Shri Jha placed the evidence of the witnesses at l....
2019 0 Supreme(Raj) 2892 • India - Rajasthan
PUSHPENDRA SINGH BHATI
of the Indian Evidence Act. ... and 138 of the Indian Evidence Act is wide. ... INDIAN EVIDENCE ACT - SECTIONS 137 & 138 - SCOPE OF RE-EXAMINATION - COURT'S DISCRETION TO ALLOW RE-EXAMINATION TO EXPLAIN MATTERS ... That the impugned order dated 03.04.2017 (Annex-10) passed by learned Additional District Court No.4, Udaipur in Civil Original 389/2012 allowing the application under Section 137 and 1....
2002 0 Supreme(P&H) 358 • India - Punjab and Haryana
M.M.KUMAR
of their clash of interest, in accordance with Sections 137 and 138 of the Indian Evidence Act. ... Indian Evidence Act - Cross Examination of Co-defendants - The court allowed cross examination of co-defendants to the extent ... Issues: The issue was whether the impugned order contravened the provisions of Sections 137 and 138 of the Indian Evidence ... Bhullar, learned counsel for the plaintiff-petitioner has ar....
2019 0 Supreme(Raj) 2918 • India - Rajasthan
PUSHPENDRA SINGH BHATI
138 of the Indian Evidence Act. ... and 138 of the Indian Evidence Act. ... Finding of the Court: The court held that the powers under Sections 137 and 138 of the Indian Evidence Act are very ... That the impugned order dated 03.04.2017 (Annex-10) passed by learned Additional District Court No.4, Udaipur in Civil Original 389/2012 allowing the application under Section 137 and 138 of the #HL_STA....
2006 0 Supreme(Mad) 613 • India - Madras
S.ASHOK KUMAR
specific performance - Property Dispute - Indian Evidence Act - [Section 137 of the Indian Evidence Act] - The court discussed ... The court also considered the evidence of witnesses and photographs presented, ultimately dismissing the second appeal with costs ... The court also considered the evidence of witnesses and photographs presented, ultimately dismissing the second appeal with costs ... Evidence ....
2012 0 Supreme(Del) 1241 • India - Delhi
MANMOHAN SINGH
of the Indian Evidence Act, 1872. ... Section 151 CPC - Cross-Examination - Indian Evidence Act, 1872 - Order 18, Civil Procedure Code - ILR (2011) I Delhi 624 - AIR ... the order in which cross-examination should be conducted and whether the defendants were adversaries as required under Section 137 ... The case of the plaintiff is that the defendants No.1, 2 and 3 are not adversaries as required under Section 137 of the Indian #HL_....
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