Showing : 21-30 of 81 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of witnesses for further examination-in-chief - Witnesses PW1 & PW2, not examined on the point of agreement etc., as the original agreement is lying in Court in civil suit - Cross-examination of these witnesses already been deferred - If witnesses are examined-i, chief to prove these..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 311-- Additional evidence - Laptop recovered not produced when case was fixed for prosecution evidence - It can be termed to be a lapse or omission on the part of prosecution for which complainant cannot be made to suffer - Prosecution allowed to produce the case property in the Court...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 311-- Summoning the mother of deceased - Deceased died due to burn injuries in her matrimonial home - Mother of deceased was the first person who inform the police on telephone and her daughter/deceased was close to her - She had the knowledge of facts and what was going on between deceased and her..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 311-- Summoning of a witness - S.311 Cr.P.C. gives wide powers to Court to summon a witness or re-examine a witness who already been examined - Word "any" used in the S.311 Cr.P.C. as a pre-fix would also include a person who is not cited as a witness...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 311, 482-- Order passed u/s 311 Cr.P.C. - Not an interlocutory order - Revision is maintainable against such order - Petition u/s 482 Cr.P.C. not maintainable as remedy u/s 482 Cr.P.C. would is available when there is no remedy under Cr.P.C...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311-- Dishonour of cheque - Recall of complainant for cross examination - As per accused, there is no legal liability/debt and advancement of loan as alleged by complainant - Accused disputed receipt and agreement to repay loan amount - Even otherwise, accused shall be afforded opportunity to defend..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 311-- Additional evidence - Mistake of party - If there is some inadvertent mistake on the part of either of party and the same is necessary to be rectified for proper adjudication and just decision of case and to part justice to the parties, then additional evidence can be permitted to be led...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 311-- Complaint u/s 138 of N.I.Act - Taking on record the duly attested affidavit of CW2 by way of additional evidence - Mistake of party - Three complaints presented by complainant and all were being tried simultaneously and on same day - Three attested affidavits were to be tendered in three separate..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 311-- Scope - Scope, ambit and object of S.311 Cr.P.C. is wide enough - Powers u/s 311 Cr.P.C. can be exercised by trial Court at any point of time, during course of trial - The only self imposed restrictions on the powers are that nature of case cannot be permitted to be changed and a serious lacuna..........
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 - Dismissal of application u/s 311 Cr.P.C. - As per evidence on record, case is pending for defence evidence for last 5 years - Even, CW-1 was duly cross-examined by petitioner/accused - Therefore, accused cannot be allowed to recall witness to fill up lacuna, if any, in his..........

Showing : 21-30 of 81 Results