Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Case at the stage of defence evidence - Changed circumstances - If additional evidence goes to the root of the matter the same cannot be denied - Mere delay is not a ground to refuse additional evidence - It is also not a ground to refuse additional evidence..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Second revision - Application for additional evidence dismissed by trial Court - Revision filed before the Sessions Court dismissed - Dissatisfied by the orders of Courts below, petitioner filed petition u/s 482 Cr.P.C. - High Court u/s 482 Cr.P.C. can still consider the legality..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Death of the person who filled the cheques - Complainant allowed to produce additional evidence to prove handwriting of deceased...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Can be allowed only when appellate Court finds itself unable to pronounce judgment owing to a lacuna or defect in the evidence - Ability to pronounce a judgment is to be understood as the ability to pronounce a judgment satisfactory to the mind of Court - A mere difficulty in coming to a decision is not..........
Civil Procedure Code, 1908, Section 115, Order 41, Rule 27 -- Additional evidence - Revision against order refusing to allow additional evidence - Held, High Court cannot interfere in revision when first appellate Court did not find necessity to allow application...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Once amendment is allowed defendant be given an opportunity for filing additional written statement - If any disputed question arises, Court to give fresh opportunity of hearing to the parties and if necessary to pass fresh preliminary decree...........
Indian Penal Code, 1860, Section 299, 304, 308 -- Culpable homicide - Proof - Explosion of bombs resulting in death of 3 persons and injuries to 19 others - Involvement of appellant in manufacturing of bomb in his house proved on record - But prosecution failed to bring any circumstance by which Court could remotely attribute knowledge to appellant that by manufacturing..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application to be decided alongwith the appeal - If Court finds documents necessary to pronounce judgment in a more satisfactory manner it should allow the application and if not, the same should be dismissed at that stage - Taking a view on the application before hearing of the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Sought to incorporate subsequent events coming to plaintiff's knowledge from written statement - Additional claim still within limitation - Order rejecting amendment set aside...........
Civil Procedure Code, 1908, Order 16, Rule 5, 7, 7-A -- Additional issue framed in view of amendment of plaint - Summoning of witnesses to prove additional issue - Name of those witnesses not appearing in the list of witnesses - Trial Court directed to summon official witnesses with a right of rebuttal of defendant...........
