Order Taking Cognizance Must Reflect Application Of Mind; Section 197 CrPC Sanction Mandatory For Prosecuting Public Servants: Karnataka High Court Plaint Cannot Be Rejected Partially Against Specific Defendants Or Properties; Limitation Is A Triable Issue: Telangana High Court Employee Having National Trade Certificate & Prior Experience To Be Treated As 'Highly Skilled' For Compensation: Orissa High Court Insurance Company Entitled To Subpoena Investigating Officer For Vehicle Records When Insured Is Untraceable: Madras High Court Seller's Fraudulent Conduct & Non-Disclosure Of Mortgage Justify Refund Of Advance Sale Consideration: Kerala High Court Complaint Under Section 138 NI Act Filed By Partner On Behalf Of Firm Maintainable Even Without Specific Authorization Letter: Gujarat High Court Extension Of Remand Beyond 180 Days Under NDPS Act Requires Public Prosecutor's Independent Report, Not Just IO's Request: Andhra Pradesh High Court Orissa Grama Panchayats Act | No Bar On Rescheduling No-Confidence Motion Meeting Before Its Commencement: High Court Non-Preparation Of ‘Nil’ Seizure List After Searching Raiding Officer Not Fatal To NDPS Prosecution: Calcutta High Court Registration Of Trademark Confers Exclusive Right To Sue For Infringement Irrespective Of Whether Mark Is In Use: Delhi High Court Presence Of Magistrate Not Mandatory For Recording Dying Declaration; Conviction Can Be Based On DD Recorded By Police: Bombay High Court Routine Bank Transfers Between Spouses For Daily Needs Are Gratuitous Payments, Not Recoverable As Entrusted Funds: Kerala High Court Clerical Lapses Under Work Pressure Amount To Dereliction Of Duty, Not Crime: Madras High Court Quashes Corruption Case Against Deputy BDO Burden Of Proving Sale Deed Is Bona Fide Lies On Beneficiary If Executant Is Illiterate Or Vulnerable: Andhra Pradesh High Court Employee Cannot Take Advantage Of Own Delay; Employer Not Required To Preserve Disciplinary Records For Eternity: Bombay High Court Deadline To File Evidence Under Rule 45 Trade Marks Rules Is Directory, Registrar Can Extend Time Under Section 131: Bombay High Court Exclusion Of Interest In Insurance Policy Is Conditional; Insurer Must Plead & Prove Employer's Failure To Comply With Act To Avoid Liability: Kerala High Court Practicing Lawyer Entitled To Interim Maintenance From Husband If Income Is Insufficient To Maintain Standard Of Living: Orissa High Court Section 138 NI Act Offences Can Be Compounded At Any Stage Even After Dismissal Of Revision Or Appeal: Madras High Court Unsuccessful Party Seeking Post-Award Interim Relief Under Section 9 Faces 'Higher Threshold', Must Show Rare & Compelling Circumstances: Bombay High Court

Only One Opportunity Was To Be Granted – High Court Upholds Trial Court’s Decision Denying Additional Adjournment for Expert Cross-Examination

07 May 2024 8:19 AM

By: Admin


In a notable judgment, the High Court of Punjab and Haryana dismissed a revision petition challenging the trial court’s refusal to grant an adjournment for the cross-examination of a forensic expert. The court emphasized strict adherence to the directives issued by the Supreme Court, underscoring the principle that only a single opportunity for expert testimony was to be provided.

The revision under Article 227 of the Constitution was filed by the petitioner, Suman Sharma, against an order from the Civil Judge (Junior Division), Ambala. The impugned order, dated April 16, 2024, had denied an adjournment request for the cross-examination of Dr. Jassy Anand, a forensic expert engaged to compare disputed signatures and thumb impressions on crucial legal documents.

Initially, the trial court had dismissed an application to engage Dr. Anand for expert testimony, which was later overturned by the High Court in 2018. Despite the High Court’s decision allowing the forensic expert’s examination, a series of legal challenges and the expert’s unavailability led to delays. The Supreme Court intervened, setting a firm deadline for completing the proceedings by April 30, 2024, and specifically limiting the opportunity for expert examination to one occasion.

Justice Alka Sarin meticulously analyzed the sequence of events and legal arguments presented. The judge noted, “The Supreme Court’s order was clear and unambiguous, granting only one opportunity for the expert’s examination, which the trial court rightly adhered to.” Justice Sarin dismissed the petitioner’s contention that an additional opportunity should be afforded, highlighting the lack of substantive justification for the expert’s non-availability on the scheduled date. The court pointed out that the petitioner had ample time to ensure the expert’s presence and found no reason to override the trial court’s decision, which was in strict compliance with the Supreme Court’s directive.

Decision: The revision petition was dismissed, reaffirming the trial court’s order. Justice Sarin stated, “In view of the above, I do not find any merits in the present revision petition and the same is accordingly dismissed.”

Date of Decision: May 1, 2024

SUMAN SHARMA VERSUS MOHAN LAL (SINCE DECEASED THR LRS) & ANR

Latest Legal News