How to Introduce New Evidence in Section 138 NI Act Cases

Before the amendment section 189 read:- "(1) When the Magistrate proceeds to try the accused he shall read over to him the evidence (if any) recorded under section 150 [ corresponding to the new section 151(2) and 151 (B] and take in manner hereinafter provided all such further evidence ... The deliberate omission in the amended section 189 of any reference to evidence recorded under the new sectio....

2023 0 Supreme(Del) 1099

Manik Vishwakarma, Deputy Manager, ICICI Bank, Vasant Vihar, New Delhi were being examined and cross-examined. 3. ... Learned counsel submits that the provisions of Section 139 of Evidence Act are very clear, in that, the summoned witnesses from whom the production of documents is sought, are not witnesses as understood in the ordinary parlance and therefore cannot be put to cross- examination by the other side. ... Pranav Sapra, learned co....

2024 Supreme(US)(ca6) 195

Whether the evidence is “new” is not at issue here, as both the district court and the government focus their analyses on the reliability of the new evidence. True, the government refers to the evidence as “purportedly new,” which is hardly a concession. ... This means that a defendant must put forth some type of reliable evidence that is exone....

Crimes

Respondents No.2 and 3, the Patwari and Kanungo respectively, were put on trial. Learned Trial Court acquitted the accused persons (respondents No.2 and 3) vide its judgment dated 27.08.2015. Respondent No.1-State accepted the verdict. ... Then, the accused persons prepared new record as per order of higher authorities and it is due to this reason that the change had appeared in the latest revenue record for the year 1998. ... It is clear from inspection Roj....

2023 0 Supreme(Del) 506

The above applications have been filed by the defendants inter alia praying for the permission to lead rebuttal evidence, and for the same, summon the Assistant Commissioner of Customs (in short, ‘BRC Cell’), Tughlakabad, New Delhi and the Bank Manager, HDFC Bank, Connaught Place, New Delhi, to produce ... Another reason for its deletion was the misuse thereof by the parties to prolong the proceedings under the pretext of discovery of #HL_S....

The Attorney-General of New South Wales (supra)." ... The evidence called for the prosecution consisted inter alia of that of another girl, called Taylor, who said (a) that the accused performed a similar operation on her, and (6) that the accused had told her at the time "that he had put dozens of girls right.'' ... There evidence of other instances of the same kind was held to have been properly admitted under the ....

Crimes

However, the learned defence counsel has not put any questions in that respect. 17. The question that crops up for consideration as to whether the prayer for recall of P.W.1 to put the questions with respect to her evidence given as P.W.12 in G.R. ... No other questions shall be permitted to be put to P.W.1 in the cross-examination. ... This interim application has been filed under section 391 of Cr.P.C. by the appellants....

The only use to which Albert's evidence was put was to discredit the appellant's explanation of an innocent possession of the stolen articles. ... The discrediting in this manner of the appellant's explanation was not a matter that arose ex improviso, and the use to which Albert's evidence has been put by the learned Magistrate is, in my opinion, irregular. ... The evidence of Albert having been take....

2024 0 Supreme(Guj) 1633

Under Section 118 of the Indian Evidence Act all persons are competent to testify unless the court considers that they are prevented from understanding the questions put to them for reasons indicated in that section. ... Timbalia submitted that the word ‘evidence’ used in section 319(1) of Cr.P.C. contemplates that the same may not have been put under the test of cross-examination and would fall under section 3 of the #HL_....

Giving false evidence in judicial proceeding-Evidence of accused taken down in shorthand-Record of statement put in-Non-compliance with Civil. Procedure Code, s. 169-No presumption under Evidence Ordinance., s. 80. ! ... The assistant recordkeeper of the Colombo District Court put in the record of the matrimonial suit, P 1, and the shorthand writer who However for the purposes of this appeal it is not n....

2022 0 Supreme(All) 14

Whether the Court is right in thinking that the new evidence is needed by it? Whether the evidence sought to be led in under Section 311 is noted by the Court for a just decision of a case?

2021 0 Supreme(All) 79

Whether the court is right in thinking that the new evidence is needed by it? Whether the evidence sought to be led in under Section 311 is noted by the court for a just decision of a case?

2019 0 Supreme(Del) 1818

Whether the Court is right in thinking that the new evidence is needed by it? Whether the evidence sought to be led in under Section 311 is noted by the Court for a just decision of a case? From a conspectus consideration of the above decisions, while dealing with an application under Section 311 Cr.P.C. read along with Section 138 of the Evidence Act, we feel the following principles will have to be borne in mind by the Courts: 17.1

2019 0 Supreme(P&H) 2542

Whether the evidence sought to be led in under Section 311 is noted by the court for a just decision of a case? Whether the court is right in thinking that the new evidence is needed by it?

2019 0 Supreme(P&H) 1195

Whether the court is right in thinking that the new evidence is needed by it? Whether the evidence sought to be led in under Section 311 is noted by the court for a just decision of a case?