Showing : 31-40 of 43 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 41, Rule 23A-- Remand of case - De novo trial - Issue of estoppel and locus standi - Failure to record finding thereon - Held, suit could not be remanded merely because trial court failed to record findings on issues regarding estoppel and locus standi of plaintiff to file suit - Moreover, judgment and decree of..........
CALCUTTA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 319-- Additional accused - Whether after additional accused has been summoned to stand for trial and has appeared before Court, trial is to commence de novo or only opportunity of cross-examination is to be given to newly added accused? - Held, proceedings have to commence afresh and witnesses have also..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3)-- Dishonour of cheque - Trial - Summary trial - Successor Magistrate decided case on basis of substance of evidence recorded by his predecessor - Legality - Held, he was not in a position to appreciate evidence properly and decide case effectively - S.326(3) CrPC does not permit Magistrate to act..........
GUJARAT HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 326(3)-- Dishonour of cheque - Acquittal - Validity - Successor Magistrate decided the case in summary trial on the basis of part of the substance of evidence recorded by his predecessor - Held, he was not in a position to appreciate the evidence properly and decide the case effectively - This caused..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 304, 303, Indian Penal Code, 1860, Section 302, 307, 120B, Explosive Substances Act, 1908, Section 3, 4-- Fair trial - Bomb planted by accused in a bus - Accused a Pakistani national - Four persons killed in blast - Trial of accused - Accused unable to engage counsel of his own for want of sufficient means - State providing a counsel when 57 out of 65 witnesses had been examined - Death sentence..........
RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment - Appellate Court framed additional issue - Matter remanded to trial Court for recording evidence of both parties on additional issue and to decide the suit afresh after considering each issue separately - Remand was not for de novo trial - Amendment of written..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 151-- Additional evidence - If allowed would amount to re-opening the trial and de novo proceedings will be started and there will be no end to the litigation - Petitioner has not shown any diligence much less to say due diligence while defending his case at the relevant time - Dismissal of application..........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleadment of party in appeal - Specific performance of contract - Specific issue framed with regard to necessary party having not been impleaded - Suit dismissed on that ground - Plaintiff sought impleadment of party in appeal - Held, since trial of suit is complete, consequence of addition..........
DELHI HIGH COURT
Year of decision: 2009
Details
Civil Procedure Code, 1908, Order 7, Rule 10-- Pecuniary jurisdiction - After the trial was over trial Court came to conclusion that suit was beyond pecuniary jurisdiction of Court - Case transferred - Defendant seeking de novo trial and seeking permission to file fresh written statement - Held, defendant has no right to ask for de novo trial..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2003
Details
Criminal Procedure Code, 1973, Section 279, 318-- Evidence recorded by Court in language not understood by accused - Proceedings of the Court not properly explained to accused in the language understood by him - Proceedings set aside - De novo trial ordered...........

Showing : 31-40 of 43 Results