Civil Procedure Code, 1908, Order 18, Rule 17 -- Additional evidence in rebuttal - Dismissal of application - Without making any comment whatsoever on either merits of controversy between the parties, or even with regard whether the document is a genuine or forged/fabricated document or has been obtained by fraud, which is a matter left to be decided by trial Court on..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Application for bringing on record sale deeds by way of additional evidence at stage of final arguments declined - Defendants were aware of sale deeds and failed to place on record - Such a lacuna cannot be permitted to be filled up - Even if documents sought to be placed on record by way of additional..........
Criminal Procedure Code, 1973, Section 311, 391 -- Recall of witness - Mere mentioning of the fact that accused was not medically fit in his statement u/s 313 Cr.P.C., does not affect his right to lead additional defence evidence...........
Criminal Procedure Code, 1973, Section 311, 391, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Additional evidence at appellate stage - On the ground that he was not medically fit during period cheque was issued - Application u/s 311 Cr.P.C. cannot be allowed for recalling of complainant and to put him medical record, which accused can otherwise..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Misappropriation of funds - Deputy Registrar in its enquiry report giving clean chit to petitioner stating his role was not there in misappropriation of funds - As there is no prima facie evidence against petitioner, thus, there is positive evidence to show that petitioner is not involved in..........
Madhya Pradesh Rajya Suraksha Adhiniyam, 1991, Section 3, 4, 5, 6, 18 - - Externment order - Delegation of power by District Magistrate to Additional District Magistrate - State Government issued notification u/s 13 of the Act delegating power of District Magistrate to Additional District Magistrate - Said Notification is not under challenge in writ petition - High Court..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Original Will could not be produced before trial Court, as same was in the custody of Tehsildar - Reasoning of trial Court proceeds mainly on the basis of original Will not being produced and therefore, signature of testator could not be compared or authenticated - Original Will was..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - There are no fetters on the power u/s 391 Cr.P.C. of the Appellate Court - All powers are conferred on the Court to secure ends of justice - Ultimate object of judicial administration is to secure ends of justice - Court exists for rendering justice to the people...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence - Necessity of additional evidence cannot be enlisted or enumerated in any fixed formula - It depends on facts of each and every case to come to a conclusion as to whether it is necessary to take additional evidence or not...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Due to lapse on the part of appellant and his counsel second Trust Deed, which was basis for taking steps for sale of the sale could not be proved - Such document ought to have been permitted to be proved to arrive at the conclusion to find out the criminal intent, if any, on the part of..........
