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Showing posts with label de novo trial. Show all posts
Showing posts with label de novo trial. Show all posts
Wednesday, 1 May 2024

Bombay HC: The Appellate court should remand the case if the trial court has given a finding on title over suit property without framing issue on that point

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  In this suit though specific averment is made in plaint about title and the same has been refuted by defendant, no specific issue in that ...

Bombay HC: The Appellate court should remand the case if there is dispute regarding possession of suit property

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Considering nature of dispute between adjoining owners of agricultural lands, the real dispute between the parties is required to be decided...

Supreme Court: Under which circumstances the appellate court should not remand the case for de novo trial

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On the facts of the present case and the nature of order passed by the High Court, the enunciations and observations in the case of Sanjay K...
Thursday, 15 December 2022

Constitution Bench Judgment of Supreme Court: Guidelines for exercise of power U/S 319 of CRPC

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  III. What are the guidelines that the competent court must follow while exercising power Under Section 319 Code of Criminal Procedure?...
Wednesday, 29 December 2021

Whether Appellate court should direct joint trial of accused even if the accused has not shown any prejudice due to separate trial?

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 Even if it is conceded that the alleged offences committed in FIR 96 and FIR 197 were committed in the course of the same transaction, with...
Thursday, 6 August 2020

Supreme Court: Court to conduct suit de novo after return of plaint

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  Modern Construction (supra), referred to the consistent position in law by reference to Ramdutt Ramkissen Dass vs. E.D. Sassoon & C...
Wednesday, 5 August 2020

Whether the court should pass specific order for new trial/de novo trial after alteration or addition of charge?

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 The matter can be viewed from another angle also. Section 216 of the Code empowers the Court to alter or add to any charge at any time bef...

Whether the court can examine witnesses again in de novo trial?

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But so far as the other option is concerned, while earlier he could resummon the witnesses and recommence the inquiry or trial - which nec...
Saturday, 14 September 2019

Whether De novo proceeding is to be initiated after return of plaint?

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The provisions of Section 151 would come to the aid of the Court, as no Code can possibly make provisions so as to meet every situation wh...
Saturday, 13 April 2019

Whether examination of witnesses in absence of accused is curable irregularity?

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The order passed by the High Court in the present matter was not to enable the Prosecutor to rectify the defects or infirmities in the evi...
Monday, 5 November 2018

When appellate court should remand case for de novo re- trial?

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 The trial Court in the present case has proceeded to decree the suit essentially relying on the Commissioner's report and on the assum...
Sunday, 28 May 2017

Whether it is necessary to conduct fresh trial after return of plaint?

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The issue raised in this matter is no longer res integra. In the case of Harshad Chimanlal Modi (II) v. DLF Universal Ltd. and another MAN...
Friday, 3 February 2017

When court should not order retrial of criminal case?

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 The appellate court hearing a criminal appeal from a judgment of conviction has power to order the retrial of the accused under Section ...
Monday, 18 July 2016

Leading Supreme court judgment on de novo trial

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The real question is whether the High Court necessarily should have quashed the trial proceedings to be repeated again only on account of t...

When de novo trial is not permissible in case of dishonour of cheque?

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Remitting the matter for de novo trial should be exercised as a last resort and should be used sparingly when there is grave miscarriage ...
Sunday, 15 February 2015

Whether de novo trial should be resorted in exceptional circumstances?

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  A  de novo  trial should be the last resort and that too only when such a course becomes so desperately indispensable. It should be li...
Sunday, 13 July 2014

Dishonour of cheque - Fresh recording of evidence by successor Magistrate When not necessary?

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Mr. Huzefa Ahmadi, learned senior counsel appearing for the appellant Bank pointed out that the law laid down by this Court in the above ...
Sunday, 13 April 2014

When court should not permit de novo trial in dishonour of cheque case?

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Criminal - De novo Trial - Section 138 of Negotiable Instruments Act, 1882 and Section 326 (3) of Criminal Procedure Code ,1973 (CrPC) -...