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    <title>2015 (4) TMI 1320 - BOMBAY HIGH COURT</title>
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    <description>An order summoning witnesses in proceedings under the Protection of Women from Domestic Violence Act, 2005 was held not to be merely interlocutory because it materially affected the conduct of evidence and the rights of the parties; revision was therefore maintainable. The Magistrate&#039;s discretion to regulate procedure in such proceedings must be exercised judicially and consistently with the governing principles on order of proof. On that footing, issuing summons to the respondent&#039;s sons before the respondent himself entered the witness box was found premature, since the respondent was also a material witness and no reasons were recorded for departing from the usual sequence. The challenge succeeded and the matter was remitted for fresh consideration.</description>
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    <pubDate>Fri, 10 Apr 2015 00:00:00 +0530</pubDate>
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      <title>2015 (4) TMI 1320 - BOMBAY HIGH COURT</title>
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      <description>An order summoning witnesses in proceedings under the Protection of Women from Domestic Violence Act, 2005 was held not to be merely interlocutory because it materially affected the conduct of evidence and the rights of the parties; revision was therefore maintainable. The Magistrate&#039;s discretion to regulate procedure in such proceedings must be exercised judicially and consistently with the governing principles on order of proof. On that footing, issuing summons to the respondent&#039;s sons before the respondent himself entered the witness box was found premature, since the respondent was also a material witness and no reasons were recorded for departing from the usual sequence. The challenge succeeded and the matter was remitted for fresh consideration.</description>
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