witness who may have been examined and proceed to hear or rehear the case in the manner provided by the said Code
witness who may have been examined and proceed to hear or rehear the case in the manner provided by the said Code. (2) The trial
procedure for the trial of warrant-cases, such Magistrate may proceed to rehear the case in the manner provided by this Code for the trial
learned Judge passed an order admitting the review petition and directing rehearing of the appeal. But since prior to the date of this judgment ... unreserved and it was therefore not competent to the Constitution Bench to rehear the appeal on merits as if the order of the Original Bench
aside, the question is whether the appeal court should be ordered to
rehear the appeal after admitting the statement it had ruled out or whether ... order a retrial or it may order the appeal court to rehear the appeal. It
will depend upon the facts of each case whether
application for a review of judgment is admitted, and where, on the rehearing, the Court reverses or modifies its former decision on the ground
before coming to the conclusion that the Court has a power to rehearing the case. Reference was then made to Emperor v. Shivadatt ... call or alter its own earlier decision in a criminal revision and rehear the same came up for consideration. The question referred to the Full
Magistrate had no such power, it was urged that a power to rehear or revise, like a right of appeal, was the creature of statute ... seems to me that the question whether there is a power to rehear must be determined with reference to the enactments which create and regulate
recall or alter its own earlier decision in a Criminal Revision and rehear the same? If so, in what circumstances?"
2. It is common ... application was made for the rehearing of an appeal which had been dismissed by this Court. The Court had directed that the appeal be heard
witnesses who may have been examined and proceed to hear or rehear the case in accordance with the procedure for the regular trial