witnesses, or, handed over to a witness merely to refresh
his memory."
Order 8 Rule 1A of the CPC
1A. Duty of defendant ... witnesses, or
(b) handed over to a witness merely to refresh
his memory."
Both the aforesaid provisions have been made part of the Code
they are used by the police
officer who made them to refresh his
memory, or if the Court uses them for the
purpose of contradicting ... case diary is used by
a police officer, to refresh his memory or if the Court uses
the case diary for the purpose of contradicting
plaintiff's witnesses, or, handed to a
witness merely to refresh his memory.
ORDER XIII, RULE 1 reads as under :
Original documents ... other party, or
(b) Handed over to a witness merely to refresh his memory.
For the purpose of this matter, even order XI, Rule
(126) vs Shahabuddin Etc. Sc No. 73/14 Page 126 Of ... on 5 September, 2014
purpose of the meeting. He was declared hostile and
thereafter on refreshing his memory he stated that the
deceased demanded ... examination-in-chief and he told such fact after refreshing
his memory. It appears that his case diary statement was
prepared according to the suggestion
witnesses, or
(b) handed over to a witness merely to refresh
his memory."
Order 11 Rule 15 of the CPC , which deals with inspection ... witness
or handed over to a witness for the purpose of refreshing his memory. Thus,
the discretion has been given to the Court under Order
enactment by supplementing the written word if necessary."
20. My memory refreshed, I now move on to read the Statements and Objects
cross examination, he admitted that he had refreshed his memory
before deposing in the court. He admitted that IO had not seized the name
plate ... cross examination, he denied the suggestion that he had refreshed
his memory. However, the counsel for accused pointed out that date and
place of occurrence
they are used by
the police officer who made them to refresh his
memory, or if the Court uses them for the purpose
of contradicting ... questions put to
him might well have given accurate answers by
refreshing his memory from those diaries and
cleared up the lacunae that appear
recognizes a limited use of the case diary either to refresh
memory or to contradict a witness. It can never be used as a
substantive
