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Supreme Court Sets Aside Summoning Under Section 319 CrPC Due to Lack of Strong Evidence. Court Holds That Mere Witness Deposition Reiterating Police Statements Is Insufficient to Summon Accused Who Were Previously Discharged After Investigation.

The Supreme Court allowed the appeal filed by Rajesh and others against the judgment of the Punjab & Haryana High Court, which had confirmed the Trial...

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Supreme Court Considers Suo Motu Reference on Summoning Advocates During Investigation; Examines Scope of Advocate-Client Privilege and Need for Guidelines to Prevent Coercive Summons. Court Addresses Legality of Direct Summons to Lawyers Under Section 179 BNSS and Absence of Judicial Oversight.

The Supreme Court initiated suo motu proceedings following a reference from a two-judge bench in a Special Leave Petition challenging a notice issued ...

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Bombay High Court Allows Examination of Remaining Attesting Witness in Will Dispute — Trial Court's Rejection Set Aside. Court holds that permitting examination of available attesting witness facilitates effective adjudication of Will's validity and causes no prejudice to defendant.

The petitioners (plaintiffs) filed an application (Exhibit 132) before the trial court seeking permission to examine Krishna Bhonde, who was an attest...

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Supreme Court Allows Appeal in POCSO Case — Summoning Under Section 319 CrPC Set Aside for Lack of Strong Evidence. Identification of Accused Based on Spectacles and Subsequent Improvement in Victim's Statement Held Insufficient to Exercise Discretionary Power Under Section 319 CrPC.

The case involves an appeal against an order of the High Court of Uttarakhand upholding the summoning of the appellant under Section 319 of the Code o...

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Bombay High Court Dismisses Petitions Challenging Recall of Witnesses Under Section 311 CrPC in Cheque Dishonour Case. Recall Allowed as No Prejudice to Accused and Opportunity for Cross-Examination Preserved Under Section 138 Negotiable Instruments Act, 1881.

The judgment pertains to two criminal writ petitions filed by the accused (Ketan Krishnakant Amin and M/s. Ketan Marketing) challenging an order dated...

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Bombay High Court Dismisses Revision Against Rejection of Application to Call Witness Under Section 311 Cr.P.C. — Application Filed at Final Arguments Stage After Defence Evidence Closed, Held Not Permissible as It Would Cause Prejudice and Delay.

The petitioners, original accused in Sessions Case No.12/2013 pending before the Sessions Judge, faced trial for offences punishable under Sections 36...