Purpose of trying counter-cases together is to avoid conflicting findings. Each case must be decided on basis of legal evidence given in such a case. (DB) PLD 1975 Kar. 84 Pahlwan etc.
Counter-cases. Criminal trial of counter-cases by the judge. Judgment is not to be produced unless both the cases have finished. (DB) PLD 1962 Dacca 576 Shahid Ali.
" Both cases to be tried by the same Court. No interference by the High Court where evidence has to be looked into PLJ 1978 Cr.C. (Kar.) 421 Rehmat Masih.
Counter-cases are normally to be tried together and judgments to be announced simultaneously but where case under Section 302, PPC, committed to Sessions Judge and the counter-case under section 307, PPC kept by Magistrate for trial and High Court ordered that the announcement of judgment be stayed by the Sessions Judge, the Supreme Court held; that the trial of counter-cases simultaneously was not an inflexible rule. Sessions Judge to announce the orders and the Magistrate to announce the orders after the Sessions Court (SC) PLD 1971 SC 713 Muhammad Sadiq.
Cross-cases arising out of the same incident. Each case is to be decided on the basis of evidence led in that case. Such cases or appeals arising out of them cannot be disposed of by merely stating that the Court has in the other case or cross-appeal taken a different view of evidence in that case. It is incumbent on the Court to make independent assessment of evidence in each case (SC) 1970 SCMR 256 Wazid Moral. 1970 P.Cr.LJ 652.
Cross-cases to be tried side by side by the same Court is not an absolute rule. Rule of propriety demands that cross-cases about the same incident between the same parties be tried by the same Court till their conclusion and pronouncement of judgment avoid conflicting judgments. PLJ 1981 SC 895 Abdul Rehman Bajwa v. Sultan etc.
Cross-cases and joint trial. Two cases required to be tried together. One case committed to the Sessions for trial. No legal bar to the other cases being also sent up for trial to the same Court,(SC) 1973 SCMR 134 Muhammad Omar Khan v. Yousaf etc.
Cross-complaint case u/Ss. 307/148/149, PPC transferred to Sessions Court for trial along with challan case u/Ss. 302/326 etc. PPC to avoid conflicting decisions NLR 1985 Cr. 5 Rafaqat Ali v. Hidayat Ali etc.
Cross-case or counter-case. Case under section 302 committed to Court of Sessions while cross-case under section 307 pending in Court of Magistrate, High Court's order directing Sessions Judge to conclude trial of case under section 302 expeditiously and further directing proceedings under section 307 case to remain pending and await trial of section 302 case, held, based on correct interpretation of Supreme Court rule laid down in Muhammad Sadiq's case. PLD 1971 SC 713 (SC) 1974 SCMR 140 Khair Din v. Inayat.
Testimony in cross-cases relied on while conviction, held, trial vitiated. Retrial not ordered. PLJ 1981 SC 521 Muhammad Ghulzar v. Muhammad Ashraf.
Cross-cases and bail.