Showing : 51-60 of 81 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Contempt of Courts Act, 1971, Section 10, 12, Criminal Procedure Code, 1973, Section 311-- Additional evidence - Application u/s 311 Cr.P.C. dismissed - Second application filed for recalling a defence witness in which particulars of first application not given - Held, it would not amount to fraud - Hence, no contempt made out...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 311-- Recall of a witness - Withdrawal from testimony - Long history of enmity between the families of complainant and accused - At least seven persons from both sides murdered - Parties entering into compromise with intervention of 40 village Panchayats - Application to recall witness allowed for..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 311-- Recall of a witness - If the Court finds that the new evidence is essential to the just and proper decision of the case, it is obligatory to admit it at any stage of the proceeding, however, late...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2009
Details
Criminal Procedure Code, 1973, Section 311-- Recall of witness - Rejection of application - Order is not revisable - Order can be set aside under Article 227 of the Constitution of India...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311-- Dishonour of cheque - Recall of witness - Bank witness produced but through oversight the dishonoured cheque and memo issued by Bank not exhibited - It is a case of oversight and not an attempt to fill in the lacuna - Production of cheque and memo is necessary for the just decision of a complaint..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2006
Details
Criminal Procedure Code, 1973, Section 311-- Additional evidence at appellate stage - If prosecution is allowed to lead additional evidence at appellate stage, then its effect on the right of the accused to lead any further evidence cannot be ignored...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2006
Details
Criminal Procedure Code, 1973, Section 311-- Additional evidence at appellate stage - Apart from the other considerations while granting permission for additional evidence, the court is required to keep in mind the stage of proceedings - Of course basic requirement in this regard would remain the 'just decision'...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2006
Details
Criminal Procedure Code, 1973, Section 311-- Additional evidence at appellate stage - Allowing additional evidence at this stage would not only permit the prosecution to fill up the gaps in its case but this would also operate rebuttal of the case set up by defence after prosecution case had been closed...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2006
Details
Criminal Procedure Code, 1973, Section 311-- Additional evidence at appellate stage - Court has wide discretion to summon and examine any witness at any stage of the proceedings, yet these are required to be exercised with caution and only when the exigency of justice require that too with circumspection and consistent with the provisions of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 154-- Hostile witness - Recall - If a witness is incapacitated due to factors like witness being not in a position for reasons beyond control to speak the truth in the court or due to negligence or under threat or ignorance or some corrupt collusion, then such a witness can be recalled for..........

Showing : 51-60 of 81 Results