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    <title>2023 (8) TMI 1448 - Supreme Court</title>
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    <description>Section 311 CrPC confers a wide but controlled power to recall or re-examine a witness when further evidence is essential to a just decision. The power must be exercised judicially and with caution, not mechanically, and is intended to prevent failure of justice. On the facts, the request was bona fide and timely because the specific issue arose only after the CFSL expert&#039;s examination, and no undue prejudice was shown since the opposite party could cross-examine again. The recall application was therefore rightly allowed and interference with the rejection order was warranted.</description>
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      <link>https://www.taxtmi.com/caselaws?id=313396</link>
      <description>Section 311 CrPC confers a wide but controlled power to recall or re-examine a witness when further evidence is essential to a just decision. The power must be exercised judicially and with caution, not mechanically, and is intended to prevent failure of justice. On the facts, the request was bona fide and timely because the specific issue arose only after the CFSL expert&#039;s examination, and no undue prejudice was shown since the opposite party could cross-examine again. The recall application was therefore rightly allowed and interference with the rejection order was warranted.</description>
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