Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Indian Laws - Highlights / Catch Notes

Home Highlights May 2025 Year 2025 This

HC allowed the criminal revision appeal, setting aside the lower ...


High Court Quashes Acquittal, Orders Fresh Trial with Comprehensive Evidence Examination and Strict Six-Month Timeline

May 24, 2025

Case Laws     Indian Laws     HC

HC allowed the criminal revision appeal, setting aside the lower court's acquittal order. The court directed a de novo trial from the plea-taking stage, mandating both parties to adduce documentary and oral evidence with opportunity for cross-examination. The trial court was instructed to conclude proceedings within six months, with liberty granted to the complainant to seek substitution of representatives if required. The original judgment was found unsustainable as it improperly acquitted the accused solely on non-examination of the initial authorized representative, disregarding the company's right to substitute its representative.

View Source

 


 

You may also like:

  1. Seizure of tobacco and loss of the same due to file - Liability of central excise department - Whether the Trial Court has committed error of facts and law in passing...

  2. Smuggling - Sandalwood - Acquittal of accused - The High Court held that, the Trial Court's acquittal was based on the lack of concrete evidence linking the respondent...

  3. Dishonor of cheque - maintainability of appeal - correctness of acquittal of accused - Allegation is that the complainant has misused the signed cheque which was kept in...

  4. Law for trial of the cross cases - Raid - In the present controversy, two different criminal appeals were being heard and decided against two different judgments based...

  5. The HC dismissed the appeal against acquittal in a case concerning dishonor of cheque. It held that the complaint was barred by limitation as the delay in filing was not...

  6. HC allowed the appeal, setting aside ITAT's order rejecting additional evidence under Rule 29. The court found ITAT committed a legal error by summarily dismissing the...

  7. Validity of fresh assessment orders - HC quashed the assessment order invoking the writ jurisdiction - othing has been observed by the High Court on the merits of the...

  8. HC invalidated the tax order under BGST Act, 2017 and IGST Act, 2017 regarding input tax credit claims. The court found the assessing authority failed to properly...

  9. Acquittal of the accused in a cheque dishonor case. The court observed that once the accused raises a probable defense by leading evidence to show no debt/liability...

  10. Dishonour of Cheque - Rule of evidence - acquittal of accused - Proof of liability - service of demand notice - The High court concluded that the complainant had...

  11. Dishonor of Cheque - acquittal of the accused - lower court granted relief to the accused non-appearance of the complainant - Considering the conduct of the...

  12. Dishonor of Cheque - acquittal of the accused - When the contract agreement was cancelled, question of enforcing the agreement does not arise. - The Trial judge has...

  13. Liability under section 141 of the N.I. Act - When such a trial proceeds against the known accused, if the evidence led in trial discloses offences committed by other...

  14. Dishonor of cheque - insufficiency of funds - discharge of legal liability or not - In the case of acquittal, there is double presumption in favour of the accused. An...

  15. Limited jurisdiction of trial court after remand order; cannot enlarge scope beyond remand directions. Trial court erred in allowing evidence beyond remand's limited...

 

Quick Updates:Latest Updates