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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
MANJARI NEHRU KAUL
Ramesh Rani Gulati, (deceased) through LRs – Appellant
Versus
Narinder Kumar Gulati – Respondent
| Table of Content |
|---|
| 1. procedural history and context for the petition. (Para 1 , 5) |
| 2. arguments regarding video conferencing for cross-examination. (Para 2 , 3 , 4 , 6) |
| 3. opposition by respondents and validity of petition. (Para 8 , 9 , 10) |
| 4. court's observations on the integration of technology in trials. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 5. direction for remanding the case for fresh trial consideration. (Para 18) |
| 6. conclusion and order of the court. (Para 20 , 21) |
JUDGMENT :
MANJARI NEHRU KAUL, J.
This is an application for advancing the date of hearing in the main case which is fixed for 15.10.2025.
Notice in the application.
Ms. Puja Chopra, Advocate, appears and accepts notice on behalf of non-applicant/respondents.
For the reasons mentioned in the application, same is allowed. Hearing of the main case is preponed and the same is taken on board today itself.
CRM-24977-2025
Application is allowed, as prayed for.
Photocopy of order dated 13.06.2025 as Annexure A-1 is taken on record subject to all just exceptions.
1. The present petition is directed against the order dated 18.09.2024 (Annexure P-8) passed by learned Judicial Magistrate Ist Class, Ludhiana, whereby the application filed
Judicial endorsement of video conferencing for evidence collection is mandated, emphasizing modern practices should not be obstructed by technicalities.
The court confirmed video conferencing for evidence recording aligns with modern judicial practices despite legal challenges on witness presence.
The court allowed the relaxation of video conferencing rules enabling a complainant abroad to record evidence, emphasizing the role of discretion to avoid undue hardship in legal proceedings.
The court ruled that a petitioner facing threats and health issues must be allowed to record evidence via video conferencing, ensuring fair trial rights.
The court affirmed the right of a plaintiff in custody to present evidence via video conferencing, emphasizing the importance of access to justice.
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