Cross Examination
2 years ago
I got marrried in 2011 my wife eloped with a guy in 2016, police filed kidnap case on that guy in 2017.I got divorce from wife in 2017. The case is in the court still. I attended the cross examination in 2018. I forgot to tell few important clues to the judge. Can i file a petition for again cheif examination
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
You can file a fresh suit on a new cause of action, even if it on the same old grounds. There is no bar to it. But the proofs you provide should be of a degree believable by the Court and should be substantive.
If you found my answer helpful then kindly rate me.
You can file a fresh suit on a new cause of action, even if it on the same old grounds. There is no bar to it. But the proofs you provide should be of a degree believable by the Court and should be substantive.
If you found my answer helpful then kindly rate me.
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A.Hi,
A fresh petition has to be filed and old case cannot be reopened. It I can be filed on the same grounds as urged in the earlier petition and also new grounds which have arisen subsequently. Adultery is difficult to prove but desertion ground if available will be easier to prove.
If you find my answer helpful then kindly rate me.
A fresh petition has to be filed and old case cannot be reopened. It I can be filed on the same grounds as urged in the earlier petition and also new grounds which have arisen subsequently. Adultery is difficult to prove but desertion ground if available will be easier to prove.
If you find my answer helpful then kindly rate me.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.Yes aap apne advocate se court ke samax application move kare. Aap ko permit kiya jaa sakta hai
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A.You have to get in touch with the the Public Prosecutor and tell him all the matter and facts what you missed out and let the PP move an application to the court stating the fact. If the court allows then you can.
Section 311 of CrPC allows the court to recall a witness at any stage of trial.
Section 311 in The Code Of Criminal Procedure, 1973
311. Power to summon material witness, or examine person present. Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or 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 if his evidence appears to it to be essential to the just decision of the case.
Section 311 of CrPC allows the court to recall a witness at any stage of trial.
Section 311 in The Code Of Criminal Procedure, 1973
311. Power to summon material witness, or examine person present. Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or 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 if his evidence appears to it to be essential to the just decision of the case.
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