Criminal Procedure Code, 1973, Section 311 -- Summoning of additional witnesses - Oral request made by Counsel for CBI to examine two additional witnesses, who were not cited as witnesses in challan submitted before Court and their statements u/s 161 Cr.P.C were not recorded - No opportunity of hearing was given to accused while allowing prayer of CBI by Court below -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Closure of defence evidence - Four opportunities granted but accused neither taken any steps nor produced evidence in defence - However, to meet the interest of justice and to give a chance of a fair trial to the parties, one opportunity is granted to lead defence evidence subject to cost of..........
Criminal Procedure Code, 1973, Section 311 -- Application u/s 311 Cr.P.C - Can be filed and allowed at any stage of trial, if proposed additional evidence enables Court to come to a just and fair conclusion regarding dispute...........
Arbitration and Conciliation Act, 1996, Section 31(3) -- Arbitration award - Reasons in support thereof - Mandate of S.31(3) of the Act, is to have reasoning which is intelligible and adequate and which can in appropriate cases be even implied by Courts from a fair reading of award and documents referred to thereunder, if need be - However, provision does not require..........
Constitution of India, 1950, Article 21 -- Speedy trial - Expeditious disposal undoubtedly required in criminal matters and that would naturally be part of guarantee of fair trial - However, attempts to expedite process should not be at expense of basic elements of fairness and opportunity to accused...........
Indian Penal Code, 1860, Section 302, 143, 147, 148, 149, Explosive Substances Act, 1908, Section 3, 5 -- Bomb blast - Testimony of two eye witnesses - Various contradictions were found in evidence of eye witnesses - Both these two eye witnesses are accused of indulging in arson and throwing bombs at the houses of various residents of same area - Prosecution is not fair..........
Constitution of India, 1950, Article 14 -- Right to equality - Principle of natural justice and right to fair hearing - Can be traceable to right to equality and rule of law enshrined u/art.14 of Constitution, read with other fundamental rights...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Claim based on parity - Delay of 2928 days in filing SLP - Appellants who were aggrieved by impugned judgment of High Court, did not file appeal along with other similarly situated land owners - After considerable long period they are seeking parity with other land owners - Since appellants are..........
Service -- Disciplinary proceeding - Quashing of - Disciplinary proceeding conducted in breach of principle of natural justice - However, since respondent has reached the age of superannuation and ten years have passed, to direct continuation of disciplinary proceedings from stage of breach, would not be fair to retired person - Dismissal order was already set aside by..........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of copy to accused - Furnishing of documents to accused u/s 207 Cr.P.C, is a facet of right of accused to a fair trial enshrined in Art.21 of Constitution...........
