Supreme Court of India

Nitinbhai Saevatilal Shah & Another v. Manubhai Manjibhai Panchal & Another

Neutral citation
Reported as [2011] 10 S.C.R. 804
Bench J.M. Panchal and H. L. Gokhale JJ.
Decided 1 September 2011
Status Distinguished

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

From the headnote

Code of Criminal Procedure, 1973: c ss. 263 and 264 read with s.326(3) and s.461- Summary trial - Procedure in part-heard cases on transfer of the Judge/ Magistrate - HELD: In view of sub-s.(3) of s.326, sub s.(1) of . s.326 which authorizes a Magistrate to act on the evidence recorded by his predecessor, does not apply to summary trials 0 - The prohibition contained in sub s. (3) of s 326 is absolute and. admits of no exception - In summary proceedings, the successor Judge or Magistrate has no authority to proceed with the trial from a stage at which his predecessor has left it because in

Where later benches applied it

Of those, 1 relied on · 1 distinguished

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