web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Tag: State (NCT of Delhi) Vs Shiv Kumar Yadav and Anr

State (NCT of Delhi) Vs Shiv Kumar Yadav and Anr on 10 Sep 2015

Posted on October 11, 2020 by ShadesOfKnife

After giving some inputs to Law commission and Bar Council of India in this para,

16. The interest of justice may suffer if the counsel conducting the trial is physically or mentally unfit on account of any disability. The interest of the society is paramount and instead of trials being conducted again on account of unfitness of the counsel, reform may appear to be necessary so that such a situation does not arise. Perhaps time has come to review the Advocates Act and the relevant Rules to examine the continued fitness of an advocate to conduct a criminal trial on account of advanced age or other mental or physical infirmity, to avoid grievance that an Advocate who conducted trial was unfit or incompetent. This is an aspect which needs to be looked into by the concerned authorities including the Law Commission and the Bar Council of India.

Supreme Court passed these reasons for not recalling a witness

29. We may now sum up our reasons for disapproving the view of the High Court in the present case:
(i) The trial court and the High Court held that the accused had appointed counsel of his choice. He was facing trial in other cases also. The earlier counsel were given due opportunity and had duly conducted cross-examination. They were under no handicap;
(ii) No finding could be recorded that the counsel appointed by the accused were incompetent particularly at back of such counsel;
(iiii) Expeditious trial in a heinous offence as is alleged in the present case is in the interests of justice;
(iv) The trial Court as well as the High Court rejected the reasons for recall of the witnesses;
(v) The Court has to keep in mind not only the need for giving fair opportunity to the accused but also the need for ensuring that the victim of the crime is not unduly harassed;
(vi) Mere fact that the accused was in custody and that he will suffer by the delay could be no consideration for allowing recall of witnesses, particularly at the fag end of the trial;
(vii) Mere change of counsel cannot be ground to recall the witnesses;
(viii) There is no basis for holding that any prejudice will be caused to the accused unless the witnesses are recalled;
(ix) The High Court has not rejected the reasons given by the trial court nor given any justification for permitting recall of the witnesses except for making general observations that recall was necessary for ensuring fair trial. This observation is contrary to the reasoning of the High Court in dealing with the grounds for recall, i.e., denial of fair opportunity on account of incompetence of earlier counsel or on account of expeditious proceedings;
(x) There is neither any patent error in the approach adopted by the trial court rejecting the prayer for recall nor any clear injustice if such prayer is not granted.

Citations : [2016 ACR SC 1 142], [2016 ALT CRL AP 1 167], [2016 MPJR 1 1], [2016 NCC 1 393], [2016 SCC 2 402], [2016 SCJ 1 93], [2015 AIR SC 3501], [2015 AD SC 10 165], [2015 ALLCC 91 640], [2015 BOMCR CRI 4 366], [2015 CCR SC 3 468], [2015 CRILJ 4640], [2015 CRIMES SC 4 1], [2015 JLJR 4 97], [2015 PLJR 4 258], [2015 RCR CRIMINAL 4 312], [2015 RLW SC 4 3271], [2015 SCALE 9 649], [2015 UC 3 1794], [2016 SCC CRI 1 510], [2015 SCC ONLINE SC 799], [2015 AIC 155 68], [2015 CRI LJ 4640]

Other Sources :

https://indiankanoon.org/doc/33982557/

https://www.casemine.com/judgement/in/5790b391e561097e45a4e3ea

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 309 - Power to Postpone or Adjourn Proceedings CrPC 311 - Power to summon material witness or examine person present Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order State (NCT of Delhi) Vs Shiv Kumar Yadav and Anr | Leave a comment

Search within entire Content of “Shades of Knife”

My Legal X Timeline

Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Follow

AP High Court Advocate with M Tech (CS) || 12 years in 'Software Industry' as Solution Architect || Blogs at https://t.co/29CB9BzK4w || #TDPTwitter

SandeepPamarati
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
yashtdp_ Yash @yashtdp_ ·
4h

నా ఏడాది కష్టం
నా ట్రాక్ట్రర్లతోనే తొక్కించి
ఈ వైసీపీ గూండాలు
నాశనం చేశారని

ప్రభుత్వం ఆదుకోవాలని
ఈ రైతు వేడుకొంటున్నాడు

పీకలు కోసే దండుపాళ్యం బ్యాచ్ లెక్కన
పట్ట పగలు బంగారుపాళ్యంలో
ఇలా అన్నదాతలను ఏడిపించడానికి
ఆ సైకో జగన్ వచ్చాడా?

జగన్ మీద కేసు పెట్టాలి

ఓదార్పు అని చెప్పి…

Reply on Twitter 1943120114573795536 Retweet on Twitter 1943120114573795536 8 Like on Twitter 1943120114573795536 7 X 1943120114573795536
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
libsoftiktok Libs of TikTok @libsoftiktok ·
11h

BREAKING: T-Mobile has agreed to END its DEI policies according to a new filing with the FCC.

"T-Mobile will no longer have any individual roles or teams focused on DEI. T-Mobile is also removing any references to DEI on its websites and will ensure that the company website and…

Reply on Twitter 1943013704569585959 Retweet on Twitter 1943013704569585959 984 Like on Twitter 1943013704569585959 7547 X 1943013704569585959
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
newsarenaindia News Arena India @newsarenaindia ·
20h

"Won't allow Bengal to become 'West Bangladesh'.

TMC surrendered to fundamentalists."

- State BJP Chief Samik Bhattacharya

Reply on Twitter 1942879361008615442 Retweet on Twitter 1942879361008615442 990 Like on Twitter 1942879361008615442 5206 X 1942879361008615442
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
ani ANI @ani ·
4h

#WATCH | Madhya Pradesh | Bhasma Aarti performed at Mahakaleshwar Jyotirlinga Temple in Ujjain, on the occasion of Guru Purnima.

Reply on Twitter 1943124972601512184 Retweet on Twitter 1943124972601512184 40 Like on Twitter 1943124972601512184 692 X 1943124972601512184
Load More

Recent Posts

  • Cases where Perjury Proceedings were initiated July 3, 2025
  • Dara Lakshmi Narayana and 6 Ors Vs State of Telangana and Anr on 10 Dec 2024 June 27, 2025
  • Mohammad Wajid and Anr Vs State of U.P. and Ors on 08 Aug 2023 June 26, 2025
  • Ajay Rajendra Khare and Ors Vs State of Maharashtra on 10 Jun 2025 June 26, 2025
  • BSA Sec 128 – Communications during marriage June 25, 2025

Most Read Posts

  • Vishal Shah Vs Monalisha Gupta and Ors on 20 Feb 2025 (2,930 views)
  • Mudireddy Divya Vs Sulkti Sivarama Reddy on 26 Mar 2025 (2,404 views)
  • Sukhdev Singh Vs Sukhbir Kaur on 12 Feb 2025 (2,277 views)
  • Madan Kumar Satpathy Vs Priyadarshini Pati on 07 Feb 2025 (1,747 views)
  • Megha Khetrapal Vs Rajat Kapoor on 19 Mar 2025 (1,594 views)
  • Om Prakash Ambadkar Vs State of Maharashtra and Ors on 16 Jan 2025 (1,340 views)
  • Ivan Rathinam Vs Milan Joseph on 28 Jan 2025 (1,156 views)
  • Saikat Das Vs State of West Bengal and Anr on 27 Mar 2025 (967 views)
  • Akkala Rami Reddy Vs State of AP and Anr on 30 Apr 2025 (919 views)
  • Roopa Soni Vs Kamal Narayan Soni on 06 Sep 2023 (825 views)

Tags

Reportable Judgement or Order (405)2-Judge (Division) Bench Decision (375)Landmark Case (369)Legal Procedure Explained - Interpretation of Statutes (367)1-Judge Bench Decision (294)Catena of Landmark Judgments Referred/Cited to (274)Work-In-Progress Article (216)3-Judge (Full) Bench Decision (97)Sandeep Pamarati (93)Article 21 - Protection of life and personal liberty (77)Issued or Recommended Guidelines or Directions or Protocols to be followed (68)Perjury Under 340 CrPC (60)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (58)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (44)HM Act 13 - Divorce Granted to Husband (42)Legal Terrorism (41)Not Authentic copy hence to be replaced (40)CrPC 482 - Quash (39)Divorce granted on Cruelty ground (39)

Categories

Supreme Court of India Judgment or Order or Notification (718)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (319)High Court of Andhra Pradesh Judgment or Order or Notification (179)High Court of Delhi Judgment or Order or Notification (141)High Court of Bombay Judgment or Order or Notification (107)High Court of Karnataka Judgment or Order or Notification (86)High Court of Madras Judgment or Order or Notification (66)General Study Material (55)Assorted Court Judgments or Orders or Notifications (50)High Court of Allahabad Judgment or Order or Notification (50)High Court of Punjab & Haryana Judgment or Order or Notification (50)Prakasam DV Cases (46)LLB Study Material (46)District or Sessions or Magistrate Court Judgment or Order or Notification (43)Judicial Activism (for Public Benefit) (42)High Court of Kerala Judgment or Order or Notification (39)High Court of Madhya Pradesh Judgment or Order or Notification (36)High Court of Gujarat Judgment or Order or Notification (28)High Court of Telangana Judgment or Order or Notification (26)High Court of Calcutta Judgment or Order or Notification (23)

Recent Comments

  • Risha Bhatnagar on Pitchika Lakshmi Vs Pichika Chenna Mallikaharjuana Rao on 24 Dec 2012
  • ShadesOfKnife on Index of all Summary Case Law Pages on Shades of Knife
  • kanwal Kishore Girdhar on Index of all Summary Case Law Pages on Shades of Knife
  • SUBHASH KUMAR BANSAL on Sukhdev Singh Vs Sukhbir Kaur on 12 Feb 2025
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003

Archives of SoK

  • July 2025 (1)
  • June 2025 (15)
  • May 2025 (3)
  • April 2025 (10)
  • March 2025 (7)
  • February 2025 (8)
  • January 2025 (1)
  • December 2024 (3)
  • November 2024 (4)
  • October 2024 (16)
  • September 2024 (15)
  • August 2024 (14)
  • July 2024 (11)
  • June 2024 (18)
  • May 2024 (13)
  • April 2024 (9)
  • March 2024 (23)
  • February 2024 (15)
  • January 2024 (11)
  • December 2023 (11)
  • November 2023 (9)
  • October 2023 (13)
  • September 2023 (12)
  • August 2023 (15)
  • July 2023 (17)
  • June 2023 (11)
  • May 2023 (6)
  • April 2023 (5)
  • March 2023 (10)
  • February 2023 (9)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (28)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (34)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (57)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (18)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (97)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Unitedmen Foundation a dedicated community forged with the mission to unite men facing legal challenges in marital disputes. 0
  • Vaastav Foundation The Social Reality 0
  • Vinayak my2centsworth – This blog is for honest law abiding men, married or planning to get married 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • CGK (Jakarta) on 2025-07-16 July 16, 2025
    THIS IS A SCHEDULED EVENT Jul 16, 19:00 - 23:00 UTCJul 3, 06:02 UTCUpdate - We will be performing scheduled maintenance in CGK (Jakarta) datacenter on 2025-07-16 between 19:00 and 23:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]
  • AKL (Auckland) on 2025-07-15 July 15, 2025
    THIS IS A SCHEDULED EVENT Jul 15, 13:00 - 19:00 UTCJul 10, 03:29 UTCScheduled - We will be performing scheduled maintenance in AKL (Auckland) datacenter on 2025-07-15 between 13:00 and 19:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]
  • SOF (Sofia) on 2025-07-15 July 15, 2025
    THIS IS A SCHEDULED EVENT Jul 15, 01:00 - 04:00 UTCJul 2, 14:35 UTCScheduled - We will be performing scheduled maintenance in SOF (Sofia) datacenter on 2025-07-15 between 01:00 and 04:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for end-users […]

RSS List of Spam Server IPs from Project Honeypot

  • 42.6.177.184 | SD July 9, 2025
    Event: Bad Event | Total: 158 | First: 2022-11-10 | Last: 2025-07-09
  • 2a00:1450:4864:20::245 | SD July 9, 2025
    Event: Bad Event | Total: 363 | First: 2021-07-16 | Last: 2025-07-09
  • 2a00:1450:4864:20::145 | SD July 9, 2025
    Event: Bad Event | Total: 356 | First: 2024-08-25 | Last: 2025-07-09
Owned and Operated by Advocate Sandeep Pamarati
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 2204 access attempts in the last 7 days.

pixel