Ashutosh Mishra
Jharkhand HJS - Rank 4
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A foreign divorce decree is not conclusive where the other party did not voluntarily and effectively submit to the foreign court’s jurisdiction and did not get a meaningful opportunity to contest the case.
The Supreme Court held that while exercising power under Section 319 CrPC, courts must not conduct a mini-trial by closely examining contradictions or testing witness credibility as if deciding the case finally. Where evidence recorded during trial is strong enough to show involvement of persons not originally arraigned, they may be summoned as additional accused.
The Supreme Court held that an FIR alleging forgery, cheating and conspiracy should not be quashed when investigation is incomplete and the handwriting expert’s opinion is still awaited.