1) When law says that certain cases should be tried in fix time limit, the court has to make all attempts to finish such case in that time limit.
2) Law says that in check cases, the judge need to record only substance of what witnesses say. This is summary procedure.
3) If case is such that evidence of witnesses should be recorded in full, then judge has to record an order describing why this case should be tried like a long - summons cases.
4) In every case, if judge is transferred, the new judge need not restart whole case de novo. Earlier case of Nitinbhai explained. If full evidence is recorded, the Nitinbhai case need not be applicable.
5) Duty of First Appellate court. It should not mechanically decide a first appeal. All factual evidence aspects need to be examined.
6) Retrial should be ordered only in rare cases.
Above summary is based on judgement of SC dated 16/10/14 in case of J. V & Co versus State of Gujarat.
Haresh Raichura
16/10/14
