All India Bar Examination (AIBE) 16-XVI Previous Year Question Papers with Answers

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13.

Which of the following statements hold true for de nova trails ?

A: Omission or illegality in the procedure even if it does not affect the core of the case can become a ground for calling de nova trials
B: A de nova trial should be the last resort
C: the court originally trying the case can order de nove trial
D: None of these

The answer is: B

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Explanation

The correct option is B: A de novo trial should be the last resort.

A de novo trial is a new trial that is ordered by an appellate court when the original trial failed to make a determination in a manner dictated by law. A de novo trial is usually uncommon and costly, as it requires re-hearing the entire case from the beginning, without any regard to the previous trial. Therefore, a de novo trial should be the last resort when there is no other way to remedy the error or injustice that occurred in the original trial.