limited purpose of the effective cross-examination or to
refresh the memory of the witness, and the document is not
foreign to the pleadings made ... over a document to a witness to refresh memory, thereby
supporting a fair adjudication of the dispute.
CONCLUSIONS:
24. The CPC is a procedural
Ostuka Chemical India Pvt Ltd vs Trans Engineers India Pvt Ltd on 12 January, 2026
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 ... Courts. But in case the police officer uses the entries to refresh his
memory or if the Court uses them for the purpose of contradicting
contemplates
a reference to the diary only for the purposes of
refreshing memory or contradicting the statements
of witnesses in the Court with the statements ... during the course of investigation. Only when it is
used for refreshing memory, the procedure as
envisaged under section 145 of the Evidence
contradict his statement under S.145 or to refresh his memory
under S.159 of the Evidence Act. But, S.32 (2) is an exception ... contradict him, to impeach his credit, to
corroborate him, or to refresh his memory. S.162 CrPC. imposes
an absolute
witness or being handed over to a witness merely to refresh his memory.
The provisions of Order XIII Rule 1(3) of CPC according ... shown to the witness to either confront
him or to refresh his memory. It is also the case of the plaintiffs that the
contents
contemplates a
reference to the diary only for the
purposes of refreshing memory or
contradicting the statements of
witnesses in the Court with the
statements ... during the course
of investigation. Only when it is used
for refreshing memory, the
procedure as envisaged under
section 145 of the Evidence
police officer, who made the diaries, uses them to refresh his memory
or if the court uses them for the purpose of contradicting such police ... 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
ground that the witness' police statement was used to refresh his
memory. He at the same time expressed concern on the practice
of reading ... inadmissible in case his statement to the police was used
to refresh his memory". What is of utmost significance for our
purpose
plaint, or
(iii) handed over to a witness merely to refresh his memory.
(2) The list of documents filed with the plaint shall specify whether ... plaint, or
(iii) handed over to a witness merely to refresh his memory
(8) The list of documents filed with the written statement or counterclaim
