Unnikrishnan Sukumar
(Querist) 08 July 2012
This query is : Resolved
Supreme Court recently ruled in a recent case relating to section 138 that if the presiding officer changes in the middle of a trial, the hearing needs to start from the beginning, The new judge cannot base his judgement on the observations of the previous officer. I need to look at the text of the judgement. Can I look forward to kind help?
ajay sethi
(Expert) 08 July 2012
unable to find judgement mentioned by you .
generally when Magaistrate changes , case does not begin from the begining . if such a practise is followed the 138 Ni cases will never be disposed of .
MohammedRaffiq Bijapur
(Expert) 08 July 2012
Yes the Supreme court in Nitinbhai Saevantilal Shah Vs Manubhai Manjibhai Panchal has ordered for "De novo trial" I will upload the judgment soon.
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