Showing : 1-10 of 49 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311-- Dishonour of cheque - Additional evidence - Application filed U.O.7.R.14 CPC by mentioning wrong provision of law - Application cannot be dismissed solely on the ground that wrong provision of law has been mentioned - S.311 Cr.P.C. deals with power of Court to summon material witness or examine a..........
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..........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Additional evidence - Permission to introduce additional material must be controlled and regulated by the Court not only on the touchstone of relevancy etc. but also with due regard to possibility of prejudice...........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Additional evidence - Court is duty bound to ascertain and reconfirm the relevancy and admissibility of evidence in terms of command of S.136 of Evidence Act - Objections to the relevancy or admissibility, if any, raised by the defence would need to be considered and adjudicated upon at each such..........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Additional evidence - Law recognizes the possibility that evidence that is `material' and `essential to the just decision' may, at time, get overlooked, be omitted or come to light later - In order to take care of such evidence, which would be additional to the one presented by prosecution (or..........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Additional evidence - Guiding principles - Principles summarized in case Rajaram Prasad Yadav Vs. State of Bihar and Anr., 2013(3) Criminal Court Cases 568 (S.C.) : 2013(2) Apex Court Judgments 604 (S.C.) : 2013(14) SCC 461, reiterated...........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, 391-- Dishonour of cheque - Additional evidence at belated stage - Additional evidence at belated stage is permissible but such power is to be exercised sparingly and only in exceptional cases in the interest of justice...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 311-- Summoning of additional witnesses - Witnesses remained silent for one year - Admittedly, for one year there was no such evidence before I.O. or before trial Court that any witness was present at the spot - If this application is allowed then sanctity of first version given by complainant and..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 311, 315, 391-- Calling of witnesses in appeal - Additional evidence can only be allowed to be taken if the Court feels that recording thereof is essential for just decision of the case - Dismissal of application by holding that evidence of such witnesses was not at all essential for just and correct decision of..........
UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 311-- Application u/s 311 Cr.P.C. - Purpose of S.311 Cr.P.C. is to enable Court to arrive at a just decision of case - Power should be exercised judiciously and not arbitrarily - It should be resorted if it is essential to examine such witnesses in order to arrive at a just decision of case - Additional..........

Showing : 1-10 of 49 Results