AI Overview...
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Court's Power to Recall Witness - Courts have broad discretion to recall and re-examine witnesses at any stage of proceedings to ensure just decision-making. This includes cross-examination, re-examination, or recalling witnesses already examined, depending on the facts and circumstances of each case. The inherent powers of the court enable such actions to promote justice Rose Valley Hotels and Entertainments Ltd. VS State of Orissa - Orissa, SATYADIN (C) RAM SINGH VS STATE (NATIONAL CAPITAL TERRITORY OF DELHI) - Delhi, Rampravesh Rathiya S/o Late Dhaja Ram Rathiya VS State Of Chhattisgarh Police Chouki - Jobi, P. S. Kharsia - Chhattisgarh, SHAJI AUGUSTINE Versus SANDEEP K PILLAI - Kerala, RAM SWAROOP VISHNOI VS STATE OF Rajasthan - Rajasthan, HEMANTA KUMAR BASU VS SUDARSAN SAHOO - Orissa, KANDAMBATH ACHAMVEETTIL SATHYABHAMA vs POTTI PURAYIL SHARAFUNNISA - Kerala.
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Legal Provisions Supporting Recall - Section 311 of the Criminal Procedure Code (Cr.P.C.) explicitly empowers courts to summon, recall, and re-examine witnesses at any stage of criminal proceedings. Similarly, Order 18 Rule 17 of the Civil Procedure Code (CPC) allows courts to recall witnesses in civil cases to clarify evidence or prevent ambiguity. These provisions provide a statutory basis for recalling witnesses beyond the initial examination SATYADIN (C) RAM SINGH VS STATE (NATIONAL CAPITAL TERRITORY OF DELHI) - Delhi, RAM SWAROOP VISHNOI VS STATE OF Rajasthan - Rajasthan, HEMANTA KUMAR BASU VS SUDARSAN SAHOO - Orissa, KANDAMBATH ACHAMVEETTIL SATHYABHAMA vs POTTI PURAYIL SHARAFUNNISA - Kerala.
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Judicial Discretion and Case-specific Factors - The acceptance of a prayer to recall a witness depends on the specific facts and circumstances of each case. Courts exercise their inherent powers judiciously to ensure fairness, and no rigid rule mandates recall at particular stages. The discretion is exercised to facilitate substantial justice, such as clarifying evidence, correcting inadvertent omissions, or preventing miscarriage of justice Rose Valley Hotels and Entertainments Ltd. VS State of Orissa - Orissa, RAM SWAROOP VISHNOI VS STATE OF Rajasthan - Rajasthan, Shaik Gousiya Begum VS Shaik Hussan - Andhra Pradesh.
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Limitations and Considerations - While courts have wide powers, they also consider procedural rules and the stage of proceedings. For instance, after the closure of evidence, recall may still be permitted if justified, but unnecessary delays or abuse of process can be grounds for rejection. The court's decision to recall must balance the interests of justice with procedural integrity Niranjan Parida VS State of Odisha - Orissa, Shaik Gousiya Begum VS Shaik Hussan - Andhra Pradesh.
Analysis and Conclusion:
Courts possess inherent and statutory powers to recall witnesses at any stage of civil or criminal proceedings to ensure a fair trial. This flexibility is rooted in provisions like Section 311 Cr.P.C. and Order 18 Rule 17 CPC, which empower courts to summon, re-examine, or recall witnesses as deemed necessary. The exercise of this power is at the court's discretion, guided by the facts of each case, aiming to uphold justice and prevent miscarriage of justice. Therefore, a court can allow the recall of a witness at any stage, provided it aligns with procedural rules and the interests of fairness.
Search Results for "Court can Allow Recall of Witness at any Stage"
2017 0 Supreme(Ori) 1075 • India - Orissa
S.K.SAHOO
and allow cross-examination of such witness at any stage of a suit by the other side - Details stated. ... either party to recall a witness - Whether a prayer to recall a witness would be accepted or not would depend on facts and circumstances ... of each case and no straitjacket formula can be laid down for such purpose - Court by invoking the inherent power can recall a witness ... The Court by ....
2002 0 Supreme(Del) 1693 • India - Delhi
M.A.KHAN
to allow additional evidence or recall of a witness for just decision of a case. ... The court is empowered to summon any person as a witness, examine any person in attendance, though not summoned as a witness, or ... recall and re-examine any person already examined ; and the court shall summon and examine or recall and re-examine any such person ... It gives wide discretion and mandate to the Trial Court to #HL_S....
2023 0 Supreme(Chh) 166 • India - Chhattisgarh
PARTH PRATEEM SAHU
to summon material witness or examine any person at any stage of enquiry or recall or re-examine already examined when Court comes ... material witness or examine any person at any stage of enquiry or recall or re-examine already examined when Court comes to conclusion ... would itself not be a ground to allow application Section 311 of Cr.P.C - Section 311 of Cr.P.C. talks about power of Court to summon ... The on....
2024 Supreme(Online)(KER) 24087 • India - High Court of Kerala
Kauser Edappagath, J
Finding of the Court: The trial court has the power to recall any witness already examined at any stage of the suit ... Ratio Decidendi: The trial court has the discretionary power to recall any witness already examined at any stage of the suit ... has rightly exercised its discretion to allow the application to recall PWs 1 to 6. ... Ext.P4 is the application filed to recall....
2011 0 Supreme(HP) 2469 • India - Himachal Pradesh
V.K.SHARMA
However, the court partly allowed the application under Section 311 Cr.P.C. to recall a witness or summon the concerned bank official ... was not an accused or a witness. ... Finding of the Court: The court rejected the application under Section 45 of the Evidence Act as the requested witness ... The accused shall take requisite steps to recall DW Shri Govind Singh or call the concerned official of the bank within a week from 26.12.2011. ... Khantw....
2013 0 Supreme(AP) 981 • India - Andhra Pradesh
A.RAJASHEKER REDDY
Civil Procedure Code 1908 - Order 18 Rule 17 - Rejection of petition for reopening of case and recall of witness—Such power is to ... be invoked not to fill up the lacunae in evidence of witness but to clear any ambiguity that may have arisen---Such application ... He also submits that there is no embargo to recall a witness after closure of evidence and it is the discretion of the Court to allow the application having regard to the facts and circumstances of the case....
2005 0 Supreme(Raj) 2672 • India - Rajasthan
GOPAL KRISHAN VYAS
court to recall and re-examine any witness at any stage of the trial in the interest of justice. ... C. for recalling a witness for cross-examination, the power of the court to recall and re-examine any witness at any stage of the ... The petitioner sought to recall the witness for cross-examination, emphasizing the right to a defense. ... C. is aimed at accomplishment of substantial justice in a ....
1986 0 Supreme(Ori) 401 • India - Orissa
S.C.MOHAPATRA
Issues: Whether the trial court erred in exercising its discretion to receive documents and recall the Plaintiff as a witness ... After Plaintiff's evidence was closed, he filed a petition to accept some documents and recall himself as a witness to prove them ... Finding of the Court: The trial court allowed the petition, finding that it was desirable to allow the documents to ... The order permitting the Plaintiff to file some documents in the mi....
2018 0 Supreme(Ori) 413 • India - Orissa
S.K.SAHOO
counsel for appellants, when the case was posted for further cross-examination - Decision to close the evidence and discharge the witness ... ESTABLISHMENTS) ACT, 2011- Sec. 13 - Civil Procedure Code, 1908 - Order 18 Rule 17 - Appeal against an order rejecting the petition to recall ... least perused the order sheet to find out if there was any laches of the appellants - Order of discharge of P.W.2 and rejection of recall ... The Court by invoking the inherent power can recall a witness#HL_END....
2022 Supreme(Online)(KER) 10078 • India - High Court of Kerala
ANIL K. NARENDRAN, P. G. Ajithkumar, JJ
the Rent Control Court's order denying the recall of witness, citing the need for a just decision and clarifying that legal provisions ... allow for witnesses to be recalled at any stage. ... Ratio Decidendi: The key legal principle established is that a court may recall witnesses at any stage of proceedings to ensure ... Order XVIII, Rule 17 of the Code is a provision empowering the court to recall any witness, w....
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