When Does an Appellate Court Order a De Novo Trial?

2025 0 Supreme(Gau) 566

This was clearly not a case for remanding back for de-novo trial on the issue of the counter-claim, but the learned First Appellate Court should have decided the case on merits. ... The suit was then sent back for trial de-novo from the stage of settlement of issues in relation to the counter- claim made by the appellant/defendant No. 1 and 2. With thi....

Crimes

the Trial Court for a de novo trial. ... The appellate Court should be very cautious and exercise the discretion judiciously while remanding the matter for de novo trial. 6. ... The Appellate Court (Sessions Judge’s Court in the instant case) should be very cautious and exercise t....

2024 0 Supreme(Guj) 1652

But in a case the recording of evidence is in a form of summons case, meaning thereby, in case, at length, procedure of summons trial is followed and recorded by the Magistrate/Presiding Officer then in that case, the Court need not order de-novo trial. ... Here in this case, the learned Magistrate noted that the evidence was produced....

2023 0 Supreme(Mad) 2089

A de novo trial or retrial of the accused should be ordered by the appellate court in exceptional and rare cases and only when the opinion of the appellate court such course become indispensable to avert failure of justice. ... Incidentally, in this case, the accused has also filed appeal and both were taken up together and judgment passed on 24.07.2018 is well within t....

2024 Supreme(SRI)(SC) 12781

and hence, the matter should be sent for a trial de novo. ... or a Family Court within such Province and the appellate jurisdiction for the correction of all errors in fact or in law, which shall be committed by any such District Court or Family Court, as the case may be. ... The Court of Appeal accepted that argument and set aside the judgment of the ....

2024 0 Supreme(Guj) 2217

The Supreme Court, while examining the doctrine of a failure of justice and in case of ordering de novo trial has observed thus : - “8. ... This is because the appellate court has plenary powers for re-evaluating or re-appraising the evidence and even to take additional evidence by the appellate court itself or to direct such additional evidence to be....

Gampaha, 56,845   Criminal Procedure Code, s. 152 (3)-Assumption of jurisdiction thereunder-Power of Court to try case de novo as Magistrate. ... He is not entitled to try the case de novo as Magistrate even though the offence in question is summarily triable by a Magistrate's Court. APPEAL from a judgment of the Magistrate's Court, Gampaha. Asoka Obeyesekera,....

/HORANA/3449/P 09.08.2016 PARTITION - Section 773 of the Civil Procedure Code - Section 187 CPC - Trial De Novo This is a partition case. Extent of land as in the schedule to the plaint was 2 acres. Trial proceeded on 52 issues. ... Also, I hold that the order of the High Court to remit the case back to the trial court for a delivery of fresh ....

de novo. ... In such a case the accused, expecting to be committed to a higher Court, might well have forborne to cross-examine the witnesses at the earlier stage. Here the accused was on his trial from the commencement, and he had the fullest opportunity of cross-examining the witnesses. ... The sub-section, when it is applied to the case of a Magistrate who has assumed jurisdiction as a District Ju....

Crimes

The core question which arises for consideration is whether in the present circumstances, the Court can conduct de novo trial. 3. ... Learned counsel appearing for the petitioners would submit that a de novo trial is unwarranted when the case was at the stage of judgment. The case arose on account of private complaint, as such, the observations made in Rekha Muraka v.....

2025 0 Supreme(Chh) 141

(Emphasis supplied) 16. In light of the above stated legal position, now this Court has to consider the facts of the case and to record its finding whether the order of remand passed by the appellate Court in the given facts is justifiable or not. 11. Though the word "retrial" is used under Section 386(b)(i) CrPC, the powers conferred by this clause is to be exercised only in exceptional cases, where the appellate court is satisfied that the omission or irregularity has occasioned in failure....

2025 1 Supreme 740

33. The principles that emerge from the decisions of this Court on retrial can be formulated as under: 11. Though the word “retrial” is used under Section 386(b)(i) CrPC, the powers conferred by this clause is to be exercised only in exceptional cases, where the appellate court is satisfied that the omission or irregularity has occasioned in failure of justice. The circumstances that should exist for warranting a retrial must be such that where the trial was undertaken by the court having no j....

2022 0 Supreme(Kar) 463

The Appellate Court (Sessions Judge's Court in the instant case) should be very cautious and exercise the discretion judiciously while remanding the matter for a de-novo trial. As observed by the Hon’ble Apex Court in BAHARUNI's case (supra), remitting the matter for a de-novo trial should be exercised as a last resort and should be used sparingly when there is grave miscarriage of justice in the light of illegality, irregularity, incompetence or any other defect which cannot....

2022 0 Supreme(Jhk) 554

There are procedures prescribed in the Cr.P.C and section 326 Cr.P.C speaks of recording of the evidence and further trial if the Judge is transferred how to go through further and the learned court has not disclosed any reason of de-novo trial. However, the appellate court may order for de-novo trial in a particular case if any illegality was found in the trial. The judgment relied by the petitioner is helping the case of the petitioner.

2021 0 Supreme(Gau) 752

The trial is conducted afresh by the court as if there had not been a trial in first instance. Undoubtedly, the appellate court has power to direct the lower court to hold "de novo" trial. "De novo" trial means a "new trial" ordered by an appellate court in exceptional cases when the original trial failed to make a determination in a manner dictated by law.