Search Results for "summon witness"

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Search Results for "summon witness"

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Supreme Court

Supreme Court Allows Complainant's Appeal in Criminal Procedure Case, Reinstating Summons Under Section 319 CrPC. The High Court's Premature Interference with Trial Court's Summons Based on Eyewitness Evidence and Prima Facie Satisfaction Was Set Aside, Emphasizing the Court's Duty to Ensure Justice Under Section 319 of the Code of Criminal Procedure, 1973.

26 Mar 2025

The Supreme Court heard appeals against an order of the Punjab and Haryana High Court which had set aside summons issued under Section 319 of the Code...

High Court

Bombay High Court Allows Recall of Witnesses in Murder Trial Under Section 311 CrPC When Legal Aid Counsel Failed to Adequately Cross-Examine Due to Lack of Instructions from Accused in Custody. The court set aside the Sessions Judge's order rejecting recall and permitted recall subject to payment of costs.

25 Jan 2021

The applicant, Jaideo s/o Jagdish Sajjal, was an accused in Sessions Trial 42 of 2020 before the Sessions Judge, Gadchiroli, charged with murdering hi...

High Court

High Court of Karnataka Quashes Reopening of Evidence in NI Act Case — Trial Court Cannot Suo Motu Recall Witness Without Application Under Section 311 Cr.P.C. The court held that the power under Section 311 Cr.P.C. cannot be used to fill gaps in the prosecution case after the matter is set down for judgment.

29 Aug 2018

The petitioner, Vasantha Amin, was the accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881, filed by the respondent, Shek...

High Court

Bombay High Court Allows Widow's Writ Petition Challenging Rejection of Additional Witnesses in Sessions Case — Court Holds That Victim's Relative Has Locus Standi and Trial Court Erred in Rejecting Application Under Section 311 CrPC.

1 Mar 2005

The petitioner, Smt. Vijaya Trimbakrao Shirole, the widow of the deceased Trimbakrao Shirole, filed a Criminal Writ Petition in the Bombay High Court ...

High Court

Bombay High Court Dismisses Petition for Recall of Witnesses Under Section 311 CrPC — Ineffective Cross-Examination Not Ground for Recall. Petitioner's failure to confront witnesses with discharge card during cross-examination does not justify recall under Section 311 CrPC as the power is not meant to fill gaps in defence.

11 Dec 2018

The petitioner, Lawrence Dias, filed a Criminal Writ Petition under Article 227 of the Constitution of India and Section 482 of the Code of Criminal P...

High Court

Bombay High Court Dismisses Petitioners' Challenge to Trial Court's Refusal to Send Documents for Handwriting Expert Opinion in Will Dispute. Court Holds That Section 73 of the Indian Evidence Act, 1872 Does Not Empower a Court to Compel a Witness to Give Sample Signatures for Comparison.

15 Apr 2019

The case involves two writ petitions filed by the petitioners (defendants in a suit) challenging an order of the Trial Court dismissing their applicat...

Supreme Court

Supreme Court Allows Appeals in NDPS Case: Summoning Under Section 319 CrPC After Conviction Is Impermissible. The power under Section 319 CrPC can be exercised only before the pronouncement of judgment; once the trial concludes and judgment is pronounced, the court becomes functus officio.

10 May 2019

The Supreme Court of India heard two criminal appeals arising from a common judgment of the Punjab and Haryana High Court, which had dismissed crimina...

High Court

Bombay High Court Allows Petitioners to Obtain Commission to Singapore Under Section 27 of Arbitration Act. Issuing Commission to Foreign Country Does Not Amount to Change of Venue of Arbitration.

8 Jun 2018

The petition was filed under section 27 of the Arbitration and Conciliation Act, 1996 by the two petitioners, who were the original respondents in the...

High Court

Bombay High Court Allows Application to Issue Summons to Police Officer in Corruption Case — Demand of Gratification Constitutes Offence Under Section 7 of Prevention of Corruption Act, 1988. The court held that the Special Court has power to summon additional accused even before trial and that demand alone is an offence under Section 7.

19 Mar 2010

The applicant, Ratan Dashrath Kiratkar, a police constable, was an accused in Special Case No.6/2005 pending before the Ad hoc Additional Sessions Jud...

Supreme Court

Supreme Court Allows Recall of Witness in Criminal Trial for Further Examination — Right to Fair Trial Includes Opportunity to Re-examine Witness on New Evidence. The Court held that rejection of recall prayer after CFSL report became available was a denial of fair trial under Section 311 CrPC.

1 Jan 2023

The appellant, Satbir Singh, filed a criminal appeal against the order of the High Court of Punjab & Haryana dated 14.12.2021, which rejected his pray...

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