October 2019

Recalling of Witness—Additional Evidence—Complainant by way of producing additional documents seeks to establish his case with regard to the existence of legal liability—The case is still at the stage of recording the complainant’s evidence—Delay caused in trial can be compensated with costs—Application held to be rightly allowed.                                                                 

By | October 11th, 2019|Additional Evidence|

Comments Off on Recalling of Witness—Additional Evidence—Complainant by way of producing additional documents seeks to establish his case with regard to the existence of legal liability—The case is still at the stage of recording the complainant’s evidence—Delay caused in trial can be compensated with costs—Application held to be rightly allowed.                                                                 

July 2019

Additional Evidence-Filling up of lacuna-Defendants were aware of the documents (sale deeds) and failed to place them on record—Such a lacuna cannot be permitted to be filled up even if the documents sought to be placed on record by way of additional evidence are per se admissible being public documents.         

By | July 28th, 2019|Additional Evidence|

Comments Off on Additional Evidence-Filling up of lacuna-Defendants were aware of the documents (sale deeds) and failed to place them on record—Such a lacuna cannot be permitted to be filled up even if the documents sought to be placed on record by way of additional evidence are per se admissible being public documents.         

Additional Evidence- Rebuttal Evidence-A document was led at the time of evidence in rebuttal by the plaintiffs, and if that document itself is alleged to be the result of a fraud, the petitioner would have the right to try and prove it to be so by whatever additional evidence that he wishes to bring on record-Petitioner allowed to lead additional evidence in form of copies of FIR.

By | July 27th, 2019|Additional Evidence|

Comments Off on Additional Evidence- Rebuttal Evidence-A document was led at the time of evidence in rebuttal by the plaintiffs, and if that document itself is alleged to be the result of a fraud, the petitioner would have the right to try and prove it to be so by whatever additional evidence that he wishes to bring on record-Petitioner allowed to lead additional evidence in form of copies of FIR.

Evidence closed by the order of the Court, after granting so many opportunities, then moving an application under Section 311 Cr.P.C, by any means, cannot be taken as any bonafide exercise on the part of the petitioners-However, one effective opportunity granted to cross examine the complainant subject to payment of costs of Rs.l lakh

By | July 21st, 2019|Additional Evidence|

Comments Off on Evidence closed by the order of the Court, after granting so many opportunities, then moving an application under Section 311 Cr.P.C, by any means, cannot be taken as any bonafide exercise on the part of the petitioners-However, one effective opportunity granted to cross examine the complainant subject to payment of costs of Rs.l lakh

June 2019

January 2019

December 2018

November 2018

October 2018

August 2018

April 2018

Additional evidence at appellate stage—Moving of an application under Section 151 CPC would also not prevent a court from exercising its power under Order 41 Rule 27 CPC in the interest of justice.

By | April 29th, 2018|Additional Evidence|

Comments Off on Additional evidence at appellate stage—Moving of an application under Section 151 CPC would also not prevent a court from exercising its power under Order 41 Rule 27 CPC in the interest of justice.

Indian Penal Code, 1860, S.376–Rape–Additional Evidence-After the closure of defence evidence the accused could not be permitted to tender documents

By | April 25th, 2018|Additional Evidence|

Comments Off on Indian Penal Code, 1860, S.376–Rape–Additional Evidence-After the closure of defence evidence the accused could not be permitted to tender documents

Criminal Procedure Code, 1973, S.311–Recalling of witness-The witnesses cannot be recalled and re-examined to fill up the lacuna—A lacuna in the prosecution must be understood as the inherent weakness and cannot be filled up by the prosecution/complainant.

By | April 18th, 2018|Additional Evidence|

Comments Off on Criminal Procedure Code, 1973, S.311–Recalling of witness-The witnesses cannot be recalled and re-examined to fill up the lacuna—A lacuna in the prosecution must be understood as the inherent weakness and cannot be filled up by the prosecution/complainant.

Defendant had no occasion to lead any evidence to rebut the additional evidence led by plaintiffs—Defendants held entitled to lead their additional evidence in order to rebut the evidence led by plaintiffs.

By | April 8th, 2018|Additional Evidence|

Comments Off on Defendant had no occasion to lead any evidence to rebut the additional evidence led by plaintiffs—Defendants held entitled to lead their additional evidence in order to rebut the evidence led by plaintiffs.

February 2018

Civil Procedure Code, 130B, O.18 R.17–Recalling of witness-Petitioner contended that what he said was inadvertently and wrongly recorded

By | February 28th, 2018|Additional Evidence|

Comments Off on Civil Procedure Code, 130B, O.18 R.17–Recalling of witness-Petitioner contended that what he said was inadvertently and wrongly recorded

Additional evidence at appellant stage—If appellant court records finding that trial court has not framed issues properly and clearly then appellant court is empowered under O.41 R.25 CPC to re frame the issues and allow the parties to lead evidence and then dispose of appeal accordingly,

By | February 25th, 2018|Additional Evidence|

Comments Off on Additional evidence at appellant stage—If appellant court records finding that trial court has not framed issues properly and clearly then appellant court is empowered under O.41 R.25 CPC to re frame the issues and allow the parties to lead evidence and then dispose of appeal accordingly,

There is a legal imperative that the Court passes an order in application under Order 41 Rule 27 CPC along with the appeal and not independently thereof.

By | February 25th, 2018|Additional Evidence|

Comments Off on There is a legal imperative that the Court passes an order in application under Order 41 Rule 27 CPC along with the appeal and not independently thereof.

January 2018

October 2017

June 2017