Showing : 41-50 of 55 Results

DELHI HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 391-- Additional evidence - Powers of appellate Court - Exercise of - Held, appellate Court may either record further evidence itself or direct it to be taken by trial Court - For permitting additional evidence at the stage of hearing of appeal, appellate Court needed to satisfy that additional evidence..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 391-- Further evidence by appellate Court - Provision is not limited to recall of a witness for further cross examination with reference to his previous statement but also for taking additional evidence for any reason to arrive at a just decision in the case...........
MADRAS HIGH COURT
Year of decision: 2011
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391-- Dishonour of cheque - Conviction - Appeal - Pending disposal of appeal, petitioner filed application u/s. 391 of Cr.P.C. stating that he has paid entire amount to respondent/complainant and want to produce documentary evidence in support thereof - Dismissal of - Validity - On an earlier occasion,..........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 391-- Additional evidence at appellate stage is permissible, in case of a failure of justice - It should be allowed just to cure the irregularity - Additional evidence at appellate stage cannot be allowed in order to fill up lacunae in the prosecution case...........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391-- Dishonour of Cheque - Additional evidence at appellate stage - Accused in appeal wanted to get his alleged signatures on the Cheque compared with his specimen signatures, though he had sufficient opportunity for the same during trial - Accused himself admitted that he issued Cheque, but alleging..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 391-- Additional evidence by appellate Court - If the appellate Court thinks that it is necessary in the interest to justice to take additional evidence, it shall do so - It is not restricted to case where there is some formal defect - The matter is one of the discretion of the appellate Court...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391-- Dishonour of cheque - Additional evidence at appellate stage - Fact sought to be proved by way of additional evidence admitted in reply to the application - Instead of allowing the application its effect be examined by Court during course of arguments...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391-- Dishonour of cheque - Application u/s 311 Cr.P.C. to during pendency of appeal against conviction for recall of witness to prove that complainant firm is not registered under Punjab Money Lenders Act or with the Reserve Bank of India and as such is not competent to lend money in cash - Fact that..........
MADHYA PRADESH HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 391-- Additional evidence - Appellate stage - Additional evidence can be taken at appellate stage - Application cannot be rejected on the ground that in case of acceptance of application the trial will start at its initial stage...........
BOMBAY HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391-- Dishonour of cheque - Repayment alleged - Receipt produced in defence evidence - In rebuttal complainant filed an affidavit that he never issued such receipt and it does not bear his signature and it is forged - Complainant once again cross examined and he once again denied his signature on the..........

Showing : 41-50 of 55 Results