https://www.taxtmi.com/caselaws?id=417993 Section 311 of the Code of Criminal Procedure empowers the court to summon, examine, recall or re-examine a witness, and the power becomes mandatory when further evidence is essential to a just decision and to avoid failure of justice. A request for re-examination cannot be refused merely because a new counsel has been engaged or because earlier cross-examination was incomplete. Applying that standard, the court found that the trial court had not used the correct legal test and the petitioner was entitled to one effective opportunity to re-examine the witness, subject to terms. The petition was allowed and the trial court was directed to grant the opportunity in accordance with law. en-us Wed, 02 Feb 2022 00:00:00 +0530 Mon, 07 Feb 2022 08:11:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=417993 Section 311 of the Code of Criminal Procedure empowers the court to summon, examine, recall or re-examine a witness, and the power becomes mandatory when further evidence is essential to a just decision and to avoid failure of justice. A request for re-examination cannot be refused merely because a new counsel has been engaged or because earlier cross-examination was incomplete. Applying that standard, the court found that the trial court had not used the correct legal test and the petitioner was entitled to one effective opportunity to re-examine the witness, subject to terms. The petition was allowed and the trial court was directed to grant the opportunity in accordance with law. Case-Laws Indian Laws Wed, 02 Feb 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=417993