Showing : 11-20 of 47 Results

RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 391-- Additional evidence - Invocation of S.391 Cr.P.C. is justified when circumstances are essential to the elucidation of truth...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 391-- Additional evidence at appellate stage - Accused by his application for additional evidence, in his defence, wants to prove his innocence - It cannot be said that accused is trying to fill up a lacuna - Application allowed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 391-- Additional evidence at appellate stage - No limitation is prescribed before Appellate Court to entertain an application - Objection of complainant that application was filed by accused after about 4 years of filing of appeal is not sustainable...........
ORISSA HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, Evidence Act, 1872, Section 45-- Dishonour of cheque - Comparison of signatures by handwriting expert - No specific plea taken by accused as to amount, date and beneficiary name in the disputed cheque - Even no prayer was made by accused as to on what aspect handwriting expert would examine the cheque - It is the duty of defence..........
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..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 391-- Scope - Provision of S.391 Cr.P.C. is only meant to give opportunity to concerned party for leading such additional evidence which could not have been recorded despite due diligence having been exercised by the party seeking such opportunity and owing to the circumstances beyond its control...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 391-- Additional evidence at appellate stage - Documents sought to be produced were in the knowledge of petitioner but he failed to produce the same before trial Court - Application dismissed by trial Court by giving sound reasons - order calls for no interference...........
MADRAS HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 391, Protection of Children from Sexual Offences Act, 2012, Section 6-- Additional evidence - Determination of age of victim - Offence u/s 6 of the Act - Action of Court in receiving additional evidence by examining CW.1 and questioning PW13 in exercise of power u/s 165 of Evidence Act and receiving some documents regarding age of victim, would not amount to filing up..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 391, 164-- Additional evidence at appellate stage - Statement of witness recorded in another proceeding without opportunity of cross examination cannot be taken...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391-- Dishonour of cheque - Additional evidence at appellate stage - Examination of handwriting expert - Expert not examined inspite of grant of opportunity at the time of defence evidence - Accused in his examination u/s 313 Cr.P.C. pleaded that he is not interested to lead defence evidence - No reason..........

Showing : 11-20 of 47 Results