Re-examination Archives

‘Six weeks to regain medical fitness after pregnancy is extremely short’; Delhi HC directs re-examination of woman rejected for being overweight in SSB medical exam

The Court hoped that the Union would look into suitably amending the nomenclature of posts that are open to both males and females to make them gender-neutral.

Case Briefs High Courts

[S. 311 CrPC] Discrepancies in examination and cross examination no ground to recall witnesses: Allahabad HC

“Hindu Marriage Act, 1955 merely provides saptpadi as an essential ceremony of a Hindu marriage and it does not provide that the ceremony of kanyadan is essential for solemnization of a Hindu marriage”

Case Briefs High Courts

Karnataka HC refuses to interfere with State Govt’s decision to cancel recruitment examination for the post of Police Sub-Inspector and order a re-examination

Examination for the recruitment for the post of ‘Police Sub-Inspector (Civil)’ previously conducted on 21-01-2021, was marred by irregularities such as paper leakages, which necessitated the decision of the Govt. to order a re-examination.

Case Briefs Supreme Court

Clearing of prosecution evidence not an absolute bar from re-examining materials/witnesses under Section 311 CrPC: Supreme Court

“The statutory provision goes to emphasise that the court is not a hapless bystander in the derailment of justice. Quite to the contrary, the court has a vital role to discharge in ensuring that the cause of discovering truth as an aid in the realization of justice is manifest.”

Case Briefs High Courts

MP HC │ Permission to change statement before Court would be dangerous for legal system and it may be also misuse of S. 311 of CrPC; application for restatement after 2 years dismissed

Madhya Pradesh High Court: Anil Verma, J. dismissed a criminal revision filed against the impugned order whereby an application preferred by the

Case Briefs High Courts

Tri HC | When an occasion arises before the Court to exercise the discretion, it should always go in favour of the accused person

Tripura High Court: T. Amarnath Goud, J. allowed a petition giving an opportunity to the petitioner and complete the recall and re-examination

Case Briefs High Courts

Ker HC | University which erroneously declared a student as passed when he in fact failed in a subject, cannot compel re-examination after a decade

Kerala High Court: A Bench of A. Muhamed Mustaque, J. hearing a civil writ petition, quashed a university’s order directing its ex-student

Case Briefs High Courts

Section 540 of CrPC cannot be invoked with the sole purpose of changing the effect of witness’s original statement: J&K HC

Jammu and Kashmir High Court: A Single Judge Bench of Sanjay Kumar Gupta J., allowed the Criminal Revision Petition and set aside

Case Briefs High Courts

Order 18 Rule 17 CPC not intended for parties to recall witness for re-examination; it enables Court to recall witness to clarify issues

Delhi High Court: A Division Bench comprising of G.S. Sistani and C. Hari Shankar, JJ. dismissed an appeal filed by the appellant-husband

Case Briefs High Courts

SCC Times

Re-examination

‘Six weeks to regain medical fitness after pregnancy is extremely short’; Delhi HC directs re-examination of woman rejected for being overweight in SSB medical exam

[S. 311 CrPC] Discrepancies in examination and cross examination no ground to recall witnesses: Allahabad HC

Karnataka HC refuses to interfere with State Govt’s decision to cancel recruitment examination for the post of Police Sub-Inspector and order a re-examination

Clearing of prosecution evidence not an absolute bar from re-examining materials/witnesses under Section 311 CrPC: Supreme Court

MP HC │ Permission to change statement before Court would be dangerous for legal system and it may be also misuse of S. 311 of CrPC; application for restatement after 2 years dismissed

Tri HC | When an occasion arises before the Court to exercise the discretion, it should always go in favour of the accused person

Ker HC | University which erroneously declared a student as passed when he in fact failed in a subject, cannot compel re-examination after a decade

Section 540 of CrPC cannot be invoked with the sole purpose of changing the effect of witness’s original statement: J&K HC

Order 18 Rule 17 CPC not intended for parties to recall witness for re-examination; it enables Court to recall witness to clarify issues

Litigant cannot be non-suited due to inadvertent lapse of the witness

Section 311 CrPC empowers Court to protect a petitioner against error of improper examination-in-chief by his counsel

CBSE Paper Leak: “Can’t interfere in CBSE’s decision to conduct retest”, Supreme Court

Witnesses can be re-examined or re-called only when interest of justice is affected by not doing so