Search Results for "right to cross-examine"

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Bombay High Court Quashes Disqualification of Sarpanch for Violation of Natural Justice in Maharashtra Village Panchayat Act Case. Collector's Order Set Aside as Petitioner Was Not Given Adequate Opportunity to Cross-Examine Complainant or Present Defence.

The petitioner, Suvarna Vishal Desale, was directly elected as Sarpanch of Village Kasare, Taluka Sakri, District Dhule, for the term 2022 to 2027. On...

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Bombay High Court at Goa Quashes Disciplinary Proceedings Against Police Personnel for Violation of Natural Justice and Lack of Evidence. Inquiry conducted without proper opportunity to cross-examine witnesses and based on inadmissible evidence held unsustainable.

The judgment concerns four writ petitions filed by police personnel (three police constables and one assistant sub-inspector) challenging disciplinary...

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Bombay High Court Allows Husband's Petition Challenging Interim Maintenance Order in Section 125 CrPC Proceedings. Court sets aside Family Court's order granting interim maintenance to wife and daughter, remanding matter for fresh consideration with opportunity to cross-examine.

The petitioner, Vikas Balakdas Mahant, challenged an order dated 16th October 2014 passed by the Family Court No.1, Nagpur, in Petition No. E-472 of 2...

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Bombay High Court Allows Defendants' Cross-Examination in Civil Suit, Setting Aside Trial Court's Order Rejecting Permission as Abuse of Process. Right to Cross-Examine Witness Is a Valuable Right That Cannot Be Denied Without Considering Sufficient Cause for Delay.

The petitioners, who were defendants in Regular Civil Suit No.13 of 2013 pending before the Civil Judge Junior Division, Zari-Jamni, District Yavatmal...

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Bombay High Court Allows Complainant's Application to Recall Witness in NI Act Case — Cross-Examination Right Not Forfeited by Mere Absence on One Date. The court set aside acquittal and remanded for recall of complainant for cross-examination under Section 311 CrPC.

The applicant, Pratap @ Prakash Kripaldas Chugh, was the original complainant in a criminal complaint under Section 138 of the Negotiable Instruments ...

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Bombay High Court Grants Ex Parte Decree in Summary Suit for Dishonoured Cheques Under Order 37 CPC. Non-compliance with Conditional Leave to Defend Results in Forfeiture of Right to Cross-Examine.

The plaintiff, M/s A B and U Communication Pvt. Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908 (CPC) against the defen...