Showing : 1-10 of 60 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 391-- Additional evidence at appellate stage - Documents sought were in knowledge and in possession of petitioners but they did not adduce the same - No case is made out for grant of opportunity for additional evidence - Application dismissed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 391, Negotiable Instruments Act, 1881, Section 138-- Additional evidence at appellate stage - Dishonour of cheque - Second application moved by accused u/s 391 Cr.P.C on the same issue without any material change after 7 months of rejection of first application u/s 391 Cr.P.C - However, Appellate Court proceeded to allow the application by..........
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-- 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...........
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..........
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..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 391-- Additional evidence at appellate stage - Evidence sought to be produced is necessary - Petitioner has made out a case for taking additional evidence in appellate stage - He thus, permitted to adduce additional evidence at appellate stage - Application allowed - Directions issued...........
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..........

Showing : 1-10 of 60 Results