1952 (7) TMI 14

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... rate. Kulitalai that he should examine an officer as a court witness in C. C. Nos. 839 and 840 of 1950. 3. I am unable to see any objection to the course adopted by the learned Stationary Sub- Magistrate. Under S. 540, Cri P. C. a Court has unrestricted powers of summoning a witness. The only restriction is that this power should not be exercised as has been pointed out by Somasundaram J. in - .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... prosecution and the accused are both equally entitled to cross-examine a court witness, and (2) that if the evidence of a court witness is prejudicial to the accused, opportunity to rebut the evidence so given must be given to the accused. 5. Subject to these twin rules dictated by fair-play and justice. I am unable to see any other restriction, which can be usefully placed and certainly there c .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X