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Search Results for "summon witness"

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High Court

Bombay High Court Dismisses Petition Challenging Re-examination of Complainant in NI Act Case — Section 311 CrPC Allows Recall of Witness for Just Decision. The court upheld the trial court's order allowing the complainant to be examined under Section 311 CrPC after cross-examination, finding no abuse of discretion.

11 Jul 2019

The petitioner, Anil Baburao Chalke, was the accused in SCC No. 1331 of 2016 filed by the first respondent, M/s. Meenamani Ganga Builder LLP, under Se...

High Court

Bombay High Court Allows Revision Against Trial Court's Order Permitting Re-examination of Complainant's Witness in NI Act Case. Court holds that once a witness is discharged, recalling for further examination is impermissible without justifiable cause under Section 311 CrPC.

6 Jan 2015

The applicant, Anil s/o Govindrao Chaudhari, challenged two orders passed by the Judicial Magistrate, First Class, Nagpur dated 14/9/2012 and 15/01/20...

Supreme Court

Supreme Court Allows Appeal Against Order Permitting Examination of Handwriting Expert After 13-Year Delay in CBI Case. Section 311 CrPC Cannot Be Used to Perpetuate Prosecution's Laches and Cause Prejudice to Accused.

4 Jan 2019

The Supreme Court allowed the appeal filed by Swapan Kumar Chatterjee against the order of the Calcutta High Court confirming the Trial Court's permis...

Supreme Court

Supreme Court Allows Summoning of Additional Accused Under Section 319 CrPC in Assault Case — High Court Erred by Relying on Police Investigation Over Trial Evidence. The Court restored the Sessions Judge's order summoning four persons as additional accused based on the injured witness's testimony, holding that the High Court improperly considered police investigation reports.

13 Dec 2024

The case arises from a criminal appeal against the judgment of the Punjab and Haryana High Court, which set aside an order of the Additional Sessions ...

High Court

Bombay High Court Allows Petition Quashing Trial Court Order Recalling Complainant in Corruption Case — Recalling Witness After Defence Disclosure Impermissible to Fill Lacunae Under Section 311 CrPC. The court held that the power under Section 311 CrPC cannot be exercised to fill lacunae in prosecution evidence after the accused has disclosed her defence in written notes of arguments under Section 314 CrPC.

13 Jul 2021

The petitioner, Nayna Rajan Guhagarkar, was facing prosecution for offences punishable under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corru...

High Court

High Court of Karnataka Allows Recall of Witness Under Section 311 CrPC in NI Act Case — Demand Promissory Note and Receipt Essential for Just Decision. The court held that the Magistrate erred in dismissing the application for recall of PW-1 to produce a demand promissory note and receipt, as these documents were essential for the just decision of the case under Section 138 of the Negotiable Instruments Act, 1881.

13 Mar 2015

The petitioner, Sri Chandrakanth, filed a private complaint under Section 200 of the Code of Criminal Procedure, 1973 (CrPC) against the respondent, S...

High Court

Madras High Court Allows Second Appeal in Partition Suit Due to Failure to Prove Will by Examining Attesting Witness. Concurrent Findings Set Aside as Will Not Proved Under Sections 68 and 69 of Indian Evidence Act, 1872.

17 Jul 2026

The first plaintiff in a partition suit filed O.S. No.121 of 2010 before the Principal Sub Judge, Nagercoil, seeking partition and separate possession...

High Court

Bombay High Court Allows Recall of Complainant for Re-examination Under Section 311 CrPC for Identification of Weapons in Assault Case. The court held that the trial court's rejection of the application was improper as the identification of weapons was necessary for just decision and did not amount to filling a lacuna.

4 Sep 2012

The applicant, Yamunabai Namdeo Dhumal, the original complainant, filed a criminal application under Section 482 of the Code of Criminal Procedure, 19...

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 Dismisses Defacto Complainant's Petition Seeking Summoning of Magistrate in POCSO Case Citing Absence of Signatures on Victim's Statement. Court Holds That Non-Signing of Section 164 Statement Does Not Vitiate Its Admissibility and Directs Expeditious Trial Completion.

3 Jul 2026

The matter pertained to a writ petition filed by the defacto complainant, the father of a minor girl who was allegedly sexually assaulted at Vibgyor H...

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