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Search Results for "cross examination"

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High Court

Karnataka High Court Examines Whether Accused in Negotiable Instruments Act Case Can Give Evidence by Affidavit. Court Considers Application for Quashing of Proceeding Permitting Accused's Affidavit and Rejection of Section 311 Cr.P.C. Application.

19 Jul 2024

The petitioner, as complainant in a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881, sought quashing of the proceeding...

High Court

Bombay High Court Allows Accused's Petition to Recall Complainant for Cross-Examination in Cheque Dishonour Case. Magistrate's Rejection of Section 311 CrPC Application Set Aside as Failure to Exercise Jurisdiction.

23 Oct 2012

The petitioner, Shankar s/o Nathuji Khandare, was the original accused in S.C.C. No. 5305/2009 filed by respondent no.2, APT Packaging Limited, under ...

High Court

Bombay High Court Admits Writ Petition Filed by Noticee in FEMA Adjudication, Directs Returnable Rule on Issues of Cross-Examination and Joint Proceedings. The petition challenged the Special Director's refusal to permit cross-examination of witnesses and non-supply of co-noticees' replies in proceedings under the Foreign Exchange Management Act, 1999.

30 Jan 2018

Background: The petitioner, a former Vice President of the Board of Control for Cricket in India (BCCI) and Chairman of the Indian Premier League (IPL...

High Court

High Court of Karnataka Allows Recall of Witnesses for Cross-Examination in POCSO Case — Right to Fair Trial Prevails Over Procedural Rigidity. The court set aside the trial court's order refusing recall of prosecution witnesses, holding that the accused's right to cross-examination was not waived deliberately.

13 Apr 2015

The petitioner, Siddu @ Siddeshwar Mane, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the High Co...

High Court

High Court of Bombay at Goa Allows Petition Under Article 227 and Section 482 CrPC Against Rejection of Application Under Section 145(2) of Negotiable Instruments Act — Right to Cross-Examine Complainant's Witnesses Cannot Be Denied

23 Aug 2023

The petitioner, Kishor Biradmal Bhandari, filed a Criminal Writ Petition under Article 227 of the Constitution of India and Section 482 of the Code of...

High Court

Bombay High Court Quashes Penalty Order in Customs Act Case for Denial of Cross-Examination. Violation of Natural Justice as Statements Under Section 108 of Customs Act, 1962 Used Without Opportunity to Cross-Examine Witnesses.

9 Jun 2022

The petitioner, Sameer Shah (real name Javed Shaikh), was employed as a clearing agent with Airport Sorting Authority (APSO). A criminal conspiracy wa...

High Court

High Court of Karnataka Dismisses Wife's Writ Petition in Divorce Proceedings Due to Protracted Litigation and Imposes Costs. Family Court's Order Denying Recall of Witness for Further Cross-Examination Upheld as Wife Had Multiple Opportunities But Caused Deliberate Delay, Violating Court Directions Under Order XVIII Rule 17 CPC.

9 Feb 2026

The dispute originated from a divorce petition filed by the husband in 2019 seeking dissolution of marriage. The wife, as respondent, engaged in protr...

High Court

High Court Dismisses Petition Challenging Rejection of Application to Recall Witnesses in POCSO Case - Upholds Trial Court's Order. The court held that recall of child victim for further cross-examination was not justified under Section 348 of Bharatiya Nagarik Suraksha Sanhita, as it would cause psychological trauma and defeat the protective intent of the Prevention of Children from Sexual Offences Act, 2012, and the petitioner failed to establish necessity for a just decision.

27 Mar 2026

The High Court of Bombay at Goa heard a criminal writ petition challenging the trial court's order that dismissed an application to recall witnesses f...

High Court

Bombay High Court Allows Recall of Witnesses in POCSO Case Due to Violation of Right to Be Present Under Section 273 CrPC and Ineffective Cross-Examination by Former Advocate. The court set aside the Special Court's order refusing recall and directed recall of PW 1 to PW 9 for further cross-examination, holding that the applicant's absence during evidence and inadequate cross-examination caused serious prejudice.

14 Dec 2020

The applicant, Satpalsingh Surajsingh Bawari, a 19-year-old student, faced prosecution under the Indian Penal Code and the Protection of Children from...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application for Adverse Inference and Denial of Cross-Examination in Commercial Suit. Trial Court's Discretion Upheld as No Perversity or Arbitrariness Shown Under Article 227 of Constitution of India.

30 Jul 2025

The petitioner, Sivagami N., was the first defendant in a commercial suit (Com.OS 64/2022) pending before the LXXXV Additional City Civil and Sessions...

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