| Case ID |
1a4008f7-7fd5-45c6-b6ff-513b1e3cd5c7 |
| Body |
View case body. Login to View |
| Case Number |
Revision Applications Nos. KAR-21 and KAR-22 of 19 |
| Decision Date |
Feb 25, 1992 |
| Hearing Date |
Feb 25, 1992 |
| Decision |
The decision ruled that recalling a witness under Order XVIII, Rule 17 of the Civil Procedure Code is only warranted in special circumstances. The tribunal reversed the Labour Court's decision to recall a witness, indicating that the witness, being the manager of the establishment, was presumed to provide accurate testimony. The tribunal highlighted that allowing the witness to clarify previous statements was unnecessary and could lead to manipulation of recorded evidence. Consequently, the revision applications were accepted, emphasizing the importance of maintaining the integrity of witness testimony in labor disputes. |
| Summary |
This case revolved around the procedural aspects of recalling a witness in labor disputes under the Civil Procedure Code. The key legal issue addressed was whether the Labour Court had the authority to allow the recall of a witness when there was no ambiguity in the testimony provided. The tribunal underscored that the purpose of Order XVIII, Rule 17 is to address genuine ambiguities, not to permit parties to alter previously stated facts. The decision served as a reminder of the necessity for precision in legal testimony and the limitations on recalling witnesses, ensuring that judicial proceedings remain fair and just. Keywords include 'labour disputes', 'recalling witnesses', 'Civil Procedure Code', and 'legal integrity'. |
| Court |
Labour Appellate Tribunal, Sindh
|
| Entities Involved |
Not available
|
| Judges |
AGHA ALI HYDER
|
| Lawyers |
Ali Amjad for Applicants,
Mahmood Abdul Gani, Representative for Respondents
|
| Petitioners |
HASIBULLAH and another
|
| Respondents |
HASIBULLAH and another
|
| Citations |
1992 SLD 1164 = 1992 PLC 1212
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Procedure Code (V of 1908)
|
| Sections |
O.XVIII, R.17
|