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1 - 6 of 6 (0.54 seconds)The Protection of Women from Domestic Violence Act, 2005
The Code of Criminal Procedure, 1973
State Of Nct Delhi vs Shiv Kumar Yadav on 20 March, 2015
This submission will not help the petitioner. It was laid down by
the Hon'ble Supreme Court in State (NCT of Delhi) v. Shiv Kumar
Yadav, (2016) 2 SCC 402: 2015 SCC OnLine SC 799 that a witness
cannot be recalled on the change of counsel. It was observed at
page 416:
Matru Alias Girish Chandra vs State Of Utttar Pradesh on 3 March, 1971
6. Considering the facts and circumstances of the case,
arguments advanced, and after going through the entire
judgment, this court is of the view that the arguments
advanced by the counsel are not sustainable and that the
plea cannot be taken by the revisionist's counsel that he
has been subsequently engaged; therefore, one more
opportunity may be given to him. It is within the rights of
the litigant to engage any counsel at any stage, but the
engagement of the new counsel and the dawn of fresh
wisdom upon the first informant cannot be allowed to
further delay the matter. The circumstances under which
the application was rejected are sufficiently shown in the
impugned order. The impugned order does not reflect any
element of inconsistency or any abuse of the court's
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2026:HHC:3582
process, which may persuade this Court to interfere in the
same."
Gopal Ansal vs State Nct Of Delhi on 16 February, 2022
9. Delhi High Court also took a similar view in Sushil
Ansal v. State (NCT of Delhi), 2021 SCC OnLine Del 4388 and
observed:
1