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    <title>2013 (7) TMI 1192 - Supreme Court</title>
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    <description>A successor magistrate is required to rehear a matter afresh only where the earlier proceedings were conducted as a summary trial and the evidence was not fully recorded. Where the evidence has already been recorded in full, the rule for de novo hearing does not apply, and there is no basis to direct fresh recording of evidence merely on that footing. On that principle, the direction for de novo recording of evidence was held unsustainable, the matter was allowed to proceed from the stage then reached, and the request to add another person as an accused in the complaint was rejected.</description>
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      <link>https://www.taxtmi.com/caselaws?id=301879</link>
      <description>A successor magistrate is required to rehear a matter afresh only where the earlier proceedings were conducted as a summary trial and the evidence was not fully recorded. Where the evidence has already been recorded in full, the rule for de novo hearing does not apply, and there is no basis to direct fresh recording of evidence merely on that footing. On that principle, the direction for de novo recording of evidence was held unsustainable, the matter was allowed to proceed from the stage then reached, and the request to add another person as an accused in the complaint was rejected.</description>
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      <pubDate>Fri, 12 Jul 2013 00:00:00 +0530</pubDate>
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