Showing : 21-30 of 50 Results

RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 311-- Additional evidence - Application u/s 311 Cr.P.C. cannot be dismissed solely on the ground of objection that it was filed to fill lacuna - Such objection is normally raised in each and every case - Same depends upon facts of each case - Moreover, right of petitioner can always be safeguarded by..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311-- Dishonour of cheque - Additional evidence - Evidence closed by petitioner voluntarily after availing sufficient opportunities - Evidence sought to be adduced in additional evidence by petitioner is essential for just decision of case - Further, evidence is based on record of office of Excise and..........
BOMBAY HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, 482-- Dishonour of cheque - Additional evidence - Application of respondent firm to examine its banker as a witness allowed by Magistrate - Validity - `A' always claimed to be partner of complainant-firm which claim was disputed by applicant - If any additional evidence was sought to be led by..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 311-- Additional evidence - An opportunity of rebuttal must be given to the other party...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 311-- Application u/s 311 Cr.P.C. - Not to be allowed to fill up a lacuna in the case of the prosecution, or of the defence, or to the disadvantage of the accused, or to cause serious prejudice to the defence of the accused, or to give an unfair advantage to the opposite party - Additional evidence must..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 311-- Additional witness - A child, aged 8 years at time of occurrence, sought to be summoned after 3 years of occurrence - Statement of child not recorded u/s 161 Cr.P.C. - Child living with complainant side and chances of her being under their influence cannot also be ruled out - However, in view of..........
ALLAHABAD HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 319-- Additional accused - Summoning of - Validity - Court below has passed order summoning applicants to face trial - Conclusion arrived on the basis of evidence recorded before Court as Court witness "S" whose presence was also corroborated by statements of PW1 and PW2 - "S" was summoned as Court..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 311-- Additional evidence - Court has wide powers to allow additional evidence at any stage of the trial, which appears to be essential for just decision of the case - However, such wide and discretionary power has to be exercised sparingly and with circumspection...........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311-- Dishonour of cheque - Trial - Additional evidence - Additional evidence of complainant was essential for just decision of case - Opportunity afforded is fair for the reason that it does not allow making of new case or something which is inherently repugnant to case already made out - Held,..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 311-- Additional evidence - Discretionary power u/s 311 Cr.P.C. can be invoked only for the ends of justice - Discretionary power u/s 311 Cr.P.C. has to be exercised judicially for reasons stated by the Court and not arbitrarily or capriciously...........

Showing : 21-30 of 50 Results