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de novo trial

(Querist) 24 April 2011 This query is : Resolved 

my query is "When and in what circumstances court may order de novo trials"
Advocate. Arunagiri (Expert) 24 April 2011
When the superior court is conducting the trial, due to some valid reasons, this trial is called de nova trial.
M.Sheik Mohammed Ali (Expert) 24 April 2011
yes, i agree Mr. Arunagiri
Guest (Expert) 24 April 2011
I may have to differ with the opinion of the experts. In fact when any serious lacuna is found by the upper court in earlier judgment of a lower court or the judgment is misdirected and cannot be implementd, the same is remitted back by setting aside the judgment to make a fresh trial on the fresh charge sheet and fresh evidence by ignoring all the previous exercise, it is called de-novo trial.

For example, if a court has passed an ex=parte decree of recovery of land revenue wrongly against Mr. Arunagiri instead of some other person Mr Arun Giri, and the the judgment is set aside by the upper court on knowing that the case has been tried against a wrong person who has not committed the offence, but feels that the offence committed by the other person cannot be ignored merely by setting aside the judgment, the case can be ordered to be tried de-novo.
M V Gupta (Expert) 25 April 2011
De novo trial means a fresh trial of the case from the begining. Such an order nullifies all the proceedings and evidences recorded and the case will be re tried as if it is a new case.A de novo trial may be ordered by the appellate court if it comes to the conclusion that the lower court did not give sufficient opportunity to the party or parties to produce evidence or committed a procedural irregulartity resulting in miscarriage of jusitce etc.
indrajit mukhopadhyay (Expert) 26 April 2011
Mr arunagiri is absolutely wrong and Mr M V Gupta and Mr Dhingra is perfectly right
Advocate. Arunagiri (Expert) 26 April 2011
Trial De Novo is type of appeal. It is not the case where the appellate court remands the matter to the lower court for fresh disposal.

The appellate court itself will conduct the trial afresh that is called Trial De Novo.
Guest (Expert) 26 April 2011
Dear Arunagiri,

De-novo trial starts only after decision on appeal or revision petition, not automatically, and is conducted only the original trial court on remittance back, not by the Appellate court.
Advocate. Arunagiri (Expert) 26 April 2011
Dear Mr.Dhingra,

What you are referring is a case remanded to the trial court after the revision or appeal. By this the trial court will add no evidences and will dispose the case once again. That can not be a de-novo trial.

But, without remanding back to the trial court, if and Only when the appellate court is conducting the trial, this can be a de-novo trial.

Guest (Expert) 29 April 2011
Will you please like to reread my first post, dated 24th April, were I have clearly made a mention of "a fresh trial on the FRESH CHARGE SHEET and FRESH EVIDENCE by ignoring all the previous exercise, it is called de-novo trial.

So, it is not understood how you say that the court will not add any evidence?

However, that is another case, if you feel something odd in admitting the fact in view of your previous reply.

If appeals and petitions would have been treated as de-novo trials, there would not have been any need to name them as appeals and petitions.

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