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MST. NISHAN BIBI versus THE STATE


Section 540, scope of 540, CRPC of the Court of Court, to summon witnesses or to inspect persons Section 540, CCP imposes duty on the courts to summon witnesses in appropriate cases. Not brought before the court If it is known to the court that the statements of a witness are necessary for the truth and to seek justice in a particular case, the court may order the hearing of such witnesses. Justice is obliged to do justice. The parties are within the jurisdiction of the law and if the law gives the court authority or discretion, it should be used judiciously and not for the advancement of justice. The administration of justice was primarily and essentially an obligation of the courts on Section 540, CR. The purpose of the PC was to enable the court to obtain the truth as it was a preliminary duty to obtain the truth on a judge and he did not refrain from that effort. Under Section 404040, the CCP had full powers to summon any person as a witness or to re-examine any person, for the NGO to perform this duty simply because of the technical court. Which is already examined at the time of the inquiry if such evidence appears to be necessary only for the determination of the dispute involved in the matter.

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