GODREJ PACIFIC TECH. LTD. versus COMPUTER JOINT INDIA LTD.

GODREJ PACIFIC TECH. LTD. versus COMPUTER JOINT INDIA LTD.

In the facts of the case, the trial court ought to have permitted the appellant's prayer for re-examination of witnesses under Section 311 Cr.P.C., as the provision's object is to prevent failure of justice and bring essential evidence on record. The High Court should have interfered with the trial court's rejection.

Parties
Appellant: Godrej Pacific Tech. Ltd.; Respondent: Computer Joint India Ltd.
Jurisdiction
India
Judgment Date
30 July 2008
Procedural Posture
Criminal Appeal / Appeal From High Court Dismissal of Re Examination Application
Outcome
Appeal allowed
Legal Topics
Re Examination of Witness, Section 311 Cr.p.c., Failure of Justice Prevention
Criminal Procedure Re Examination of Witness Section 311 Cr.p.c. Failure of Justice Prevention

Case Brief

Summary, issues, holding and outcome

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Parties

Godrej Pacific Tech. Ltd.

Appellant

Computer Joint India Ltd.

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Dismissal of Re Examination Application

Legal Issues

  1. 1 Whether the trial court erred in rejecting the application for re-examination of witnesses under Section 311 Cr.P.C.
  2. 2 Scope and discretion under Section 311 Cr.P.C.

Ratio Decidendi

In the facts of the case, the trial court ought to have permitted the appellant's prayer for re-examination of witnesses under Section 311 Cr.P.C., as the provision's object is to prevent failure of justice and bring essential evidence on record. The High Court should have interfered with the trial court's rejection.

Court Disposition

Appeal allowed

Orders

  • Trial court to fix a date within three months to call the witnesses in question, accord opportunity to accused persons, and proceed with the trial.