'Classic Case Of How System Operates & Delays Trial': Supreme Court While Allowing Accused To Recall Witness After Over 3 Years
1 month, 1 week ago

'Classic Case Of How System Operates & Delays Trial': Supreme Court While Allowing Accused To Recall Witness After Over 3 Years

Live Law  

The Supreme Court on Thursday lamented systematic delays in trial after noting that the trial court illegally recorded the complainant's evidence in a POCSO case in the absence of the accused and his advocate and then both the trial court and the High Court rejected a recall application to allow the accused to cross-examine the complainant. “This is a classic case that indicates how the system operates and trial is delayed…The trial court could not have recorded evidence of PW1 in the absence of the appellant and his advocate. A bench of Justice Abhay Oka and Justice Augustine George Masih further criticised the public prosecutor and the government lawyer for opposing the recall application before the trial court and the High Court respectively. The Supreme Court noted that the appellant's application to recall PW1 was made in May 2023, and due to procedural delays, the issue was being addressed in December 2024.

Supreme Court Trial Court Application Recall Case High Advocate Appellant Pw1 His Advocate  rejected  application  pw1  recall  system  court  delays  case  operates  supreme  high  appellant  advocate  trial  classic  public  witness

History of this topic

Application Mentioning Wrong Section Of Law Not Fatal If It Doesn't Cause Prejudice To Court Or Opposite Party: Delhi High Court
2 days, 3 hours ago

Application Mentioning Wrong Section Of Law Not Fatal If It Doesn't Cause Prejudice To Court Or Opposite Party: Delhi High Court

Live Law  

The Delhi High Court has observed that mentioning a wrong section of law in an application would not considered fatal to case if the substance of application was clear and no prejudice would be caused to the opposite party. The Court has enough powers under Section 151 CPC to ensure that justice is served.” The Court stated that the substance …

Supreme Court Stays Criminal Trial In Case Where Allahabad HC Failed To Pronounce Decision After 14 Months Since Reserving Orders
1 month ago

Supreme Court Stays Criminal Trial In Case Where Allahabad HC Failed To Pronounce Decision After 14 Months Since Reserving Orders

Live Law  

The Supreme Court recently stayed criminal trial against an accused, taking into account his grievance that the High Court reserved judgment on his plea for quashing but did not deliver the same despite lapse of 14 months since the orders were reserved. "We do not know the exact reason as to why the learned Judge of the High Court, despite …

Trial Court's Discretion in Determining Application to Summon Additional Accused Under Section 319 CrPC: Supreme Court
2 months, 3 weeks ago

Trial Court's Discretion in Determining Application to Summon Additional Accused Under Section 319 CrPC: Supreme Court

Live Law  

The Supreme Court has ruled that the trial court can decide an application seeking the summoning of an additional accused under Section 319 Cr.P.C. even after the cross-examination of the prosecution witness. The court observed that it is not mandatory for the trial court to decide Section 319 Cr.P.C. application after the completion of the prosecution witness's examination in chief …

Application To Recall Of Witness U/S 311 CrPC Can't Be Allowed If Filed Only To Drag Proceedings: Karnataka High Court
4 months, 4 weeks ago

Application To Recall Of Witness U/S 311 CrPC Can't Be Allowed If Filed Only To Drag Proceedings: Karnataka High Court

Live Law  

The Karnataka High Court has held that an application under Section 311 Criminal Procedure Code cannot be allowed in cases where such applications are filed only to drag the proceedings/trial. The court said, “The case forms a classic illustration of one such action being initiated only to drag the proceedings, as the petitioner has filed an application under Section 311 …

[Section 311 Cr.PC] Application To Recall Witness Is Valid On Grounds Of Inadequate Examination By Previous Counsel: Meghalaya High Court
6 months, 1 week ago

[Section 311 Cr.PC] Application To Recall Witness Is Valid On Grounds Of Inadequate Examination By Previous Counsel: Meghalaya High Court

Live Law  

The Meghalaya High Court observed that the accused's application under Section 311 of the Code of Criminal Procedure, 1973 seeking to recall a witness is justified on the ground that the previous counsel did not examine the witness on necessary facts and that re-examination by the new counsel is crucial for the outcome of the trial. Justice B. Bhattacharjee was …

Supreme Court Mulls Framing Guidelines For Trial Against Accused With Hearing & Speech Disabilities
8 months, 3 weeks ago

Supreme Court Mulls Framing Guidelines For Trial Against Accused With Hearing & Speech Disabilities

Live Law  

In a significant development, the Supreme Court observed that it has yet to establish guidelines for conducting trials against accused with hearing and speech disabilities. “However, it is brought to our notice that this Court has not laid down so far the parameters and guidelines for conducting trial against a deaf-and-dumb accused, who is otherwise of sound mind and medically …

Examination In Chief Of Witnesses Without Recording Their Cross-Examination Is Contrary To Law: Supreme Court
9 months, 2 weeks ago

Examination In Chief Of Witnesses Without Recording Their Cross-Examination Is Contrary To Law: Supreme Court

Live Law  

The Supreme Court observed that recording only the examination in chief of witnesses without recording their cross-examination is contrary to the law. While the Top Court was hearing the case, it was apprised that the Trial Court recorded the examination-in-chief of 12 prosecution witnesses one after the other on different dates without recording their cross-examination. “Before recording the examination-in-chief of …

By Judicial Order, High Court Cannot Render Advice : Supreme Court
10 months ago

By Judicial Order, High Court Cannot Render Advice : Supreme Court

Live Law  

While deprecating a High Court order for overlooking the long period of incarceration undergone by the petitioner, the Supreme Court recently reiterated that Courts cannot render "advice" through judicial orders and stayed a direction calling for a periodical report from Trial Court on the progress of trial. "We are of the view that issuing such a direction amounts to interference …

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court
11 months, 1 week ago

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court

Live Law  

In a bail application, where the Bombay High Court permitted the accused to file the same before the Trial Court instead of deciding it on merits, the Supreme Court observed that this approach amounts to non-exercise of jurisdiction. However, the High Court disposed off his bail application and ordered: “.Be that as it may, as the applicant is in jail …

Supreme Court Shocked At Advocate Telling High Court That He Won't Argue Before Particular Bench, Issues Contempt Notice
1 year ago

Supreme Court Shocked At Advocate Telling High Court That He Won't Argue Before Particular Bench, Issues Contempt Notice

Live Law  

The Supreme Court, while hearing a criminal appeal, expressed its shock at the conduct of an advocate for refusing to argue before the High Court. “Needless to add that only on account of default by the advocate for the appellants, the appellants ought not to have been penalized by passing a drastic order of cancelling bail.” Elaborating, the Court went …

Karnataka High Court Calls For Explanation From Trial Court Judge Who Failed To Comply With HC Directions To Conclude Trial By January 2023
1 year, 1 month ago

Karnataka High Court Calls For Explanation From Trial Court Judge Who Failed To Comply With HC Directions To Conclude Trial By January 2023

Live Law  

The Karnataka High Court recently called for an explanation from the Trial Court for not obeying its direction of disposing of a criminal case registered against a man charged with the death of his wife, under Section 498A and 306 of the Indian Penal Code. Notably, although the Trial Court had been directed to dispose of the case within 31st …

Deemed The Second Petition As Not Maintainable When It Could Have Been Presented During The Filing Of First Petition
1 year, 2 months ago

Deemed The Second Petition As Not Maintainable When It Could Have Been Presented During The Filing Of First Petition

Live Law  

The Supreme Court on Monday held that a second petition under Section 482 Criminal Procedure Code, 1973 on grounds that were available for challenge even at the time of filing of the first petition would not be maintainable.A bench of Justice C T Ravikumar and Justice Sanjay Kumar observed that even though there is no absolute bar on a second …

'Hurried Trial' : Supreme Court Sets Aside Death Penalty Given In Child Rape-Murder Case Within 23 Days; Orders Fresh Trial
1 year, 2 months ago

'Hurried Trial' : Supreme Court Sets Aside Death Penalty Given In Child Rape-Murder Case Within 23 Days; Orders Fresh Trial

Live Law  

The Supreme Court on Thursday set aside the conviction and death sentence of a man accused of kidnapping, raping, and murdering a three-month-old infant after noting that he had not been give a 'proper opportunity' to defend himself. Today, almost a month after reserving the verdict in, the bench led by Justice Gavai pronounced - "We are of the considered …

In Suit For Passing Off, Plaintiff Required To Prove Figures Of Sale/ Advertisement Expenses To Establish Goodwill : Supreme Court
1 year, 3 months ago

In Suit For Passing Off, Plaintiff Required To Prove Figures Of Sale/ Advertisement Expenses To Establish Goodwill : Supreme Court

Live Law  

The Supreme Court has reiterated that in a suit for passing off, for establishing goodwill of the product, it is necessary for the plaintiff to prove not only the figures of sale of the product but also the expenditure incurred on promotion and The Court was hearing an appeal against the decision of the High Court, who had stayed the …

Supreme Court Sets Aside Directions Issued By P&H High Court Regarding Appearance Of Prosecution Witnesses
1 year, 4 months ago

Supreme Court Sets Aside Directions Issued By P&H High Court Regarding Appearance Of Prosecution Witnesses

Live Law  

The High Court, in its order passed on May 27, 2022, had adopted the directions issued by the Madhya Pradesh High Court in Rambahor Saket and others vs State of M.P. and reiterated those guidelines as follows- The Supreme Court recently set aside the directions issued by the Punjab & Haryana High Court regarding issuance of summons to prosecution witnesses …

Applications Filed For ‘Clarification/Addition’ While Evading The Recourse Of Review, Should Be Discouraged: Supreme Court
1 year, 5 months ago

Applications Filed For ‘Clarification/Addition’ While Evading The Recourse Of Review, Should Be Discouraged: Supreme Court

Live Law  

The Supreme Court observed that 'applications' filed on the pretext of ‘clarification/addition’ while evading the recourse of review, ought not to be entertained and should be discouraged. "Any alternation or addition to a judgment pronounced by Court can be made only to correct a clerical or arithmetical mistake or an error arising out of an accidental slip or omission", the …

Supreme Court Imposes Costs On Sanjiv Bhatt For Challenging HC Direction Setting Deadline For Trial In Drug Seizure Case
1 year, 10 months ago

Supreme Court Imposes Costs On Sanjiv Bhatt For Challenging HC Direction Setting Deadline For Trial In Drug Seizure Case

Live Law  

The Supreme Court on Monday dismissed a petition filed by former IPS officer Sanjiv Bhatt challenging a Gujarat High Court order which set a deadline for the trial in an alleged drug planting case in which he is an accused. The High Court has directed the trial to be competed by March 31, 2023.A bench comprising Justices BR Gavai and …

Supreme Court Half Yearly Round-Up -[January To June]
2 years, 3 months ago

Supreme Court Half Yearly Round-Up -[January To June]

Live Law  

Employee Who Refuses Promotion Offer Not Entitled To Financial Upgradation Merely Because She Suffered Stagnation : Supreme Court Case Title: Union of India v. Manju Arora Citation: 2022 LiveLaw 1 The Supreme Court observed that if a regular promotion is offered but is refused by the employee before becoming entitled to a financial upgradation, she/he shall not be entitled to …

HC to hear on Oct. 26 plea for DVAC probe against Edappadi K. Palaniswami
2 years, 3 months ago

HC to hear on Oct. 26 plea for DVAC probe against Edappadi K. Palaniswami

The Hindu  

The Madras High Court on Thursday decided to commence hearing from October 26 a petition filed by R.S. Justice V. Sivagnanam fixed the date after hearing State Public Prosecutor Hasan Mohammed Jinnah and advocate M. Mohammed Riyaz who told the court that he had filed a vakalatnama for the former Chief Minister since the Supreme Court had ordered latter’s inclusion …

Application For Further Investigation Can Be Filed Even After Commencement Of Trial: Madras High Court
2 years, 6 months ago

Application For Further Investigation Can Be Filed Even After Commencement Of Trial: Madras High Court

Live Law  

While allowing a revision of the order of the Judicial Magistrate rejecting the application for further investigation, the Madras High Court recently observed that an application for further investigation can be made even after the commencement of trial. Justice Bharatha Chakravarthy observed as under: Section 173 of Cr.P.C., does not place any fetter on the Police to conduct further investigation …

S. 313 CrPC | Trial Court Is Required To Bring 'Specific Attention' Of Accused To Incriminating Materials: Meghalaya High Court
2 years, 6 months ago

S. 313 CrPC | Trial Court Is Required To Bring 'Specific Attention' Of Accused To Incriminating Materials: Meghalaya High Court

Live Law  

The Meghalaya High Court has set aside the conviction and the ensuing punishment of a murder accused due to failure of the Trial Court to discharge its duties properly as provided under Section 313 of the Code of Criminal Procedure, 1973. While passing an order for re-trial from the stage of Section 313, a Division Bench of Chief Justice Sanjib …

Delay In Conclusion Of Proceedings Can't Be A Reason To Reject An Application U/S 311 CrPC: Allahabad High Court
2 years, 6 months ago

Delay In Conclusion Of Proceedings Can't Be A Reason To Reject An Application U/S 311 CrPC: Allahabad High Court

Live Law  

The Allahabad High Court has recently observed that a delay in the conclusion of the proceedings/trial should not be the reason for the rejection of an application under Section 311 Cr.P.C.The bench of Justice Shekhar Kumar Yadav observed thus as it quashed an order of the Trial Court wherein an application moved under Section 311 CrPC was rejected noting that …

Try To Complete Cross-Examination Of Witness On Same Day : Supreme Court
2 years, 9 months ago

Try To Complete Cross-Examination Of Witness On Same Day : Supreme Court

Live Law  

The Supreme Court has observed that once the witness is in the witness box and is being cross examined, every endeavour must be made to ensure that the cross examination is completed on that day. The bench of Justices SK Kaul and MM Sundresh rendered this observation while considering a SLP assailing Allahabad High Court's order dated March 19, 2021. …

Directions To Expedite Trial In A Particular Case Must Be Passed Only For Extremely Compelling Reasons : Supreme Court
2 years, 9 months ago

Directions To Expedite Trial In A Particular Case Must Be Passed Only For Extremely Compelling Reasons : Supreme Court

Live Law  

The Supreme Court has observed when petitions seeking directions to trial court to expedite the trial are filed before the higher courts, the same need to be examined from all angles.The bench of Justices Dinesh Maheshwari and Vikram Nath made this observation while considering a SLP against Madras High Court's order of directing the trial court to expedite the proceedings …

Limitation Period Cannot Be Extended On Equitable Grounds: Supreme Court
2 years, 10 months ago

Limitation Period Cannot Be Extended On Equitable Grounds: Supreme Court

Live Law  

The Supreme Court observed that an application for condonation of delay has to be dismissed if it is found that the delay is not properly explained and that the period of limitation cannot be extended on equitable ground.Otherwise, it would be giving a premium to a person who fails to explain the delay and who is guilty of delay and …

Partition Suit- Plaintiff Not Disentitled To Seek Relief In Second Appeal Merely Because He Did Not File First Appeal Against Denial Of His Claims By Trial Court: Supreme Court
2 years, 10 months ago

Partition Suit- Plaintiff Not Disentitled To Seek Relief In Second Appeal Merely Because He Did Not File First Appeal Against Denial Of His Claims By Trial Court: Supreme Court

Live Law  

The Supreme Court observed that the plaintiff in a partition suit is not disentitled to seek relief in second appeal merely because his claim was denied by the trial court and he had not challenged the same by way of appeal.The bench comprising Justices L. Nageswara Rao and B R Gavai observed that in a suit for partition, the position …

Claim Of Juvenility Can Be Raised Before Any Court, At Any Stage, Even After Final Disposal Of The Case: Supreme Court Reiterates
3 years, 1 month ago

Claim Of Juvenility Can Be Raised Before Any Court, At Any Stage, Even After Final Disposal Of The Case: Supreme Court Reiterates

Live Law  

The Supreme Court has observed that the claim of juvenility can be raised before any Court, at any stage, even after final disposal of the case.The bench of Justices Indira Banerjee and JK Mahseshwari observed that if the Court finds a person to be a juvenile on the date of commission of the offence, it is to forward the juvenile …

Time Period Spent In Prosecuting SLP Would Be Good Ground For Condoning Delay In Filing A Review Application Before High Court: Supreme Court
3 years, 1 month ago

Time Period Spent In Prosecuting SLP Would Be Good Ground For Condoning Delay In Filing A Review Application Before High Court: Supreme Court

Live Law  

The Supreme Court on Monday observed that despite some delay on appellant's part, the time period spent in prosecuting a Special Leave Petition would be a good ground for condonation of delay in filing a review application before the High Court.The bench of Justices SK Kaul and MM Sundresh in their order said, "We are of the view that it …

'Why Has Response Not Been Filed Despite Previous Directions?': Madras High Court Pulls Up Centre For Delay In Filing Response To Pleas Challenging IT Rules 2021
3 years, 4 months ago

'Why Has Response Not Been Filed Despite Previous Directions?': Madras High Court Pulls Up Centre For Delay In Filing Response To Pleas Challenging IT Rules 2021

Live Law  

The Madras High Court on Wednesday took serious objection to a request made by a counsel for the Union of India to grant more time to file its response to petitions challenging the validity of the Information Technology Rules, 2021. Last month, the Madras High Court had issued a notice on a plea filed by acclaimed Carnatic vocalist and Ramon …

Right To Summon Document Has To Be Exercised When Trial Is In Progress And Not When Trial Is Completed: Supreme Court
3 years, 5 months ago

Right To Summon Document Has To Be Exercised When Trial Is In Progress And Not When Trial Is Completed: Supreme Court

Live Law  

The right to summon document has to be exercised when the trial is in progress and not when the trial is completed, the Supreme Court observed.The court observed thus while allowing an appeal filed against a judgment of the Telengana High Court. The right to summon document has to be exercised when the trial is in progress and not when …

Supreme Court flags delay in listing of bail application for more than a year before Haryana High Court
3 years, 6 months ago

Supreme Court flags delay in listing of bail application for more than a year before Haryana High Court

The Hindu  

A “shocked” Supreme Court found that a bail application had not even been listed for hearing for more than a year before the Punjab and Haryana High Court, that too at a time when judiciary is going the extra distance to hear cases virtually. The top court said it normally did not intervene with the operations of the High Courts, …

Successive Anticipatory Bail Applications Ought Not To Be Entertained On Specious Ground Of 'Changed Circumstances' : Supreme Court
3 years, 11 months ago

Successive Anticipatory Bail Applications Ought Not To Be Entertained On Specious Ground Of 'Changed Circumstances' : Supreme Court

Live Law  

The Supreme Court, in an order passed on Thursday, observed that successive anticipatory bail applications ought not to be entertained.In this case, the first and second anticipatory bail applications moved by the accused was dismissed by the High Court. The Supreme Court, in an order passed on Thursday, observed that successive anticipatory bail applications ought not to be entertained. "As …

Petition U/s 482 CrPC Filed By A Person Unconnected With Proceedings Cannot Be Ordinarily Entertained By High Court: Supreme Court
4 years ago

Petition U/s 482 CrPC Filed By A Person Unconnected With Proceedings Cannot Be Ordinarily Entertained By High Court: Supreme Court

Live Law  

An application under Section 482 of the Code of Criminal Procedure filed by a person who is in no way connected with the criminal proceeding or criminal trial cannot ordinarily be entertained by the High Court, the Supreme Court has observed.In this case, Sanjai Tewari was accused of various offences under Indian Penal Code and Prevention of Corruption Act. An …

Second Appeal Cannot Be Dismissed On Merits When Appellant Is Unrepresented On The Day Fixed For Hearing: SC [Read Judgment]
5 years ago

Second Appeal Cannot Be Dismissed On Merits When Appellant Is Unrepresented On The Day Fixed For Hearing: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a High Court cannot dismiss a second appeal on merits where the appellant is unrepresented on the date fixed for hearing. If the appellant does not appear, the Court may if it deems fit dismiss the appeal for default of appearance but it does not have the power to dismiss the appeal on merits, …

Defence Evidence: Application U/S 243CrPC Cannot Be Rejected Unless It Is Vexatious, Delayed or Would Defeat The Ends of Justice:Delhi HC
5 years, 6 months ago

Defence Evidence: Application U/S 243CrPC Cannot Be Rejected Unless It Is Vexatious, Delayed or Would Defeat The Ends of Justice:Delhi HC

Live Law  

Delhi High Court has recently observed that issuing process for an application filed under section 243 of the Cr.P.C by the Trial Court was obligatory unless for reasons recorded, it is held that such application is vexatious, delayed or defeats the ends of justice. The order came based on a petition filed against a judgment of a Trial Court which …

Successive Applications For Recalling Witnesses Should Not Be Encouraged: SC [Read Judgment]
5 years, 10 months ago

Successive Applications For Recalling Witnesses Should Not Be Encouraged: SC [Read Judgment]

Live Law  

The Supreme Court has observed that filing of successive applications for recall of a witness under Section 311 of the Code of Criminal Procedure should not be encouraged. The Bench comprising of Justice AK Sikri and Justice S. Abdul Nazeer in Swapan Kumar Chatterjee vs. CBI, were considering the appeal against a Calcutta High Court order which upheld the Trial …

When Can Appellate Court Allow Plea For Adducing Further Evidence: SC Explains [Read Judgment]
5 years, 11 months ago

When Can Appellate Court Allow Plea For Adducing Further Evidence: SC Explains [Read Judgment]

Live Law  

The Supreme Court, in a judgment delivered on Friday, explained the scope of power of the Appellate Court to allow the application for adducing further evidence in criminal cases. The bench comprising Justice Ashok Bhushan and Justice KM Joseph, allowed an appeal against the High Court judgment which had upheld the Sessions' court order rejecting the applications filed by the …

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