Showing : 1-10 of 56 Results

RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 391-- Additional evidence at appellate Court - Documents in question are not necessary for adjudication of case u/ 138 of N.I. Act - Relevancy of documents was rejected during course of trial, therefore same cannot be made relevant in appeal - Even otherwise, S.391 Cr.P.C cannot be invoked if a plea..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 311, 391, Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Additional evidence at appellate stage - On the ground that he was not medically fit during period cheque was issued - Application u/s 311 Cr.P.C. cannot be allowed for recalling of complainant and to put him medical record, which accused can otherwise produce by way of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 311, 391-- Recall of witness - Mere mentioning of the fact that accused was not medically fit in his statement u/s 313 Cr.P.C., does not affect his right to lead additional defence evidence...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 391-- Additional evidence at appellate stage - There are no fetters on the power u/s 391 Cr.P.C. of the Appellate Court - All powers are conferred on the Court to secure ends of justice - Ultimate object of judicial administration is to secure ends of justice - Court exists for rendering justice to the..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 391-- Additional evidence - Necessity of additional evidence cannot be enlisted or enumerated in any fixed formula - It depends on facts of each and every case to come to a conclusion as to whether it is necessary to take additional evidence or not...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 391-- Additional evidence at appellate stage - Due to lapse on the part of appellant and his counsel second Trust Deed, which was basis for taking steps for sale of the sale could not be proved - Such document ought to have been permitted to be proved to arrive at the conclusion to find out the criminal..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 391, Negotiable Instruments Act, 1881, Section 138-- Application for leading additional evidence allowed - Dishonour of cheque - Complainant is in business of manufacturing and selling vehicles and their spare parts - During process of business, accused issued 20 cheques and same got dishonoured by bank - Evidence sought to be produced is admittedly..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 391-- Additional evidence - Appellate Court can refer to additional evidence only if same has been recorded as per S.391, Cr.P.C - Any material produced before Appellate Court to fill up gaps by either side cannot be considered by Appellate Court, more so, to reverse judgment of trial court...........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 391-- Additional evidence - Necessity of additional evidence arises not only when it would be impossible to pronounce judgments but also when there would be failure of justice without it - Once such action is justified, there is no restriction on the kind of evidence which may be received - It may be..........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 391-- Additional evidence - No corroboration to the statement of PW3 inspite of corroboration evidence being available - Conviction of accused on the existing evidence may not be justified - It is a fit case for directing additional evidence to be recorded on the basis of further investigation to be..........

Showing : 1-10 of 56 Results