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Feb 15 2013

Sanaullah Khan Vs. State of Bihar

Court : Supreme Court of India

Decided on : Feb-15-2013

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 364, 34, 302, 120B, 201, 300; Code of Criminal Procedure (CrPC), 1973 - Sections 391, 313, 354(3), 31(1)

LOKUR, JJ.] Indian Penal Code, 1860 - Sections 364, 34, 302, 120B, 201, 300; Code of Criminal Procedure (CrPC), 1973 - Sections 391, 313, 354(3), 31(1) -- Thereafter, the High Court heard the appeal and held that the … Court directed recording of additional evidence on two points in exercise of its powers under Section 391 of the Criminal Procedure Code, 1973 (for short ‘the Cr.P.C.’). Pursuant to the direction of the High Court the confessional statement of the

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Feb 07 2003

Yogendra Bhagatram Sachdev Vs. the State of Maharashtra and Shri Shamb ...

Court : Mumbai

Decided on : Feb-07-2003

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 294, 313, 391, 397, 428, 428(1) and 482; Negotiable Instruments Act - Sections 138 and 139; Code of Civil Procedure (CPC) - Order 41, Rule 27

Reported in : 2003(2)ALD(Cri)21; III(2003)BC158; 2003BomCR(Cri)810

of thisCourt. Criminal - additional evidence - Sections 294, 313, 391, 397, 428, 428 (1) and 482 of Criminal Procedure Code, 1973, Sections 138 and 139 of Negotiable Instruments Act and Order 41 Rule 27 of Code of Civil … A.S. Aguiar, J.1. By this application, presumably under Section482 of the Code of Criminal Procedure, 1973, theapplicant seeks to invoke the exercise of powersvested … admitted on21.12.2001. At the stage when the appeal has becomeripe for hearing, the applicant-accused files the saidapplication under Section 391 of the Code of CriminalProcedure, praying that the appellant be allowed tolead cogent evidence which is on record

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Mar 08 2006

Zahira Habibullah Sheikh and anr. Vs. State of Gujarat and ors.

Court : Supreme Court of India

Decided on : Mar-08-2006

Subject : CriminalContempt of Court

Acts : Contempt of Courts Act, 1971 - Sections 15; ;Evidence Act, 1872 - Sections 60, 64, 91 and 311; ;Terrorist and Disruptive Activities (Prevention) Act, 1987; ;Constitution of India, 1950 - Articles 129 and 142(2); ;Income Tax Law; ;Code of Criminal Procedure (CrPC) , 1973 - Sections 173(8), 311 and 391

Reported in : AIR2006SC1367; 2006(1)ALD(Cri)559; 2006CriLJ1694; (2006)2GLR1493; JT2006(3)SC399; 2006(2)KLT350(SC); 2006(I)OLR(SC)721; 2006(3)SCALE104; (2006)3SCC374

Before the Gujarat High Court an application under Section 391 of the Code of Criminal Procedure, 1973 (in short the 'Code') highlighting the necessity for … the witnesses in Court directed acquittal of the accused persons. Before the Gujarat High Court an application under Section 391 of the Code of Criminal Procedure, 1973 (in short the 'Code') highlighting the necessity for accepting additional evidence … Act, 1971; Sections 60, 64, 91 of the Indian Evidence Act 1872; Section 311 of the Code of Criminal Procedure Code 1973 - Appeal by appellant - Focus on absence of atmosphere conducive to fair trial - Appellant was

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Apr 12 2004

Zahira Habibulla H. Sheikh and anr. Vs. State of Gujarat and ors.

Court : Supreme Court of India

Decided on : Apr-12-2004

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 161, 161(1), 161(3), 162, 173(8), 309, 311, 385(2), 386, 391 and 406; ;Constitution of India - Articles 32 and 136; ;Evidence Act, 1872 - Sections 165; ;Terrorist and Disruptive Activities (Prevention) Act, 1987; ;Code of Criminal Procedure (CrPC) , 1898 - Sections 540

Reported in : AIR2004SC346; 2004(3)BLJR1971; 2004CriLJ2050; (2004)2GLR1078; JT2004(Suppl1)SC94; 2004(4)SCALE375; (2004)4SCC158; 2004(2)LC1041(SC); [2004] 3 SCR 1050

of December 2004.86. The appeals are allowed on the terms and to the extent indicated above. Criminal - Criminal Procedure Code (CrPC), 1973 - Sections 161, 173(8), 309, 311, 385(2), 386, 391 and 406; Evidence Act, 1872 - Section 165 -

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Dec 26 2003

State of Gujarat Vs. Rajubhai Dhamirbhai Bariya and ors.

Court : Gujarat

Decided on : Dec-26-2003

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 9(6), 154, 156, 157, 161, 225, 311, 327, 378, 386 and 391; Indian Penal Code (IPC), 1860 - Sections 302; Evidence Act, 1872 - Sections 137, 141, 142, 143 and 165

Reported in : 2004CriLJ771; (2004)1GLR404

as corroborative piece of evidence. The said application is filed under Section 391 read with Section 311 of the Criminal Procedure Code, 1973.2. As per the hope expressed by the Hon'ble Supreme Court, when the matter was placed before this … of evidence. The said application is filed under Section 391 read with Section 311 of the Criminal Procedure Code, 1973.2. As per the hope expressed by the Hon'ble Supreme Court, when the matter was placed before this

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Mar 14 2011

B.N. ShivannA. Vs. Advanta India Limited, and anr.

Court : Supreme Court of India

Decided on : Mar-14-2011

Subject : Criminal

Acts : The Seeds Act, 1966 ; Court Act, 1971 - Sections 19,15, 15(1)(a)(b) ; Code of Criminal Procedure (CrPC) , 1973 - Section 391; High Court of Karnataka (Contempt of Court Proceedings) Rules, 1981 - Rule 7 ;

so, such an issue cannot be agitated in absence of any application under Section 391 of Code of Criminal Procedure, 1973 (hereinafter called Cr.P.C.) for taking the additional evidence on record, nor any document has been filed even … Court. More so, such an issue cannot be agitated in absence of any application under Section 391 of Code of Criminal Procedure, 1973 (hereinafter called Cr.P.C.) for taking the additional evidence on record, nor any document has

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Sep 03 1982

Tokh Ram Vs. the State (Delhi Administration) and ors.

Court : Delhi

Decided on : Sep-03-1982

Subject : PropertyCriminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 294, 391 and 391(1)

Reported in : 22(1982)DLT434

of October, 1982. a) The case examined the exercise of power to order retrial under Section 386 of the Criminal Procedure Code, 1973 - The Appellate Court ordered retrial of the case after recording the additional evidence and re-examining the … to them. (2) During the course of preliminary enquiry under Section 202, Code of Criminal Procedure, 1973 (for short the Code) the complainants placed on … the order in question. In the first instance, he has urged with considerable vehemence that the power under Section 391 to take additional evidence should not be exercised for the purpose of filling up gaps in the prosecution

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Aug 20 1996

Tej Prakash S. Dangi and ors. Vs. Coromandal Pharmaceuticals Ltd. and ...

Court : Andhra Pradesh

Decided on : Aug-20-1996

Subject : Company

Acts : Companies Act, 1956 - Sections 2(11), 10, 10(2), 17, 79, 101, 111, 111(4), 111A, 155, 209(4), 283, 391(2) and 398; Companies (Amendment) Act, 1988; Sick Industrial Companies (Special Provisions) Act, 1985; Companies (Court) Rules, 1959 - Rules 9 and 11; Code of Criminal Procedure (CrPC) , 1973 - Sections 482

Reported in : [1997]89CompCas270(AP)

if there are no other proceedings as is being done under the analogous provisions of section 482 of the Criminal Procedure Code, 1973. It was, therefore, submitted that even if there is no specific section under which this petition was … no other proceedings as is being done under the analogous provisions of section 482 of the Criminal Procedure Code, 1973. It was, therefore, submitted that even if there is no specific section under which this petition was … are specifically mentioned in certain sections such as, sections 17, 79, 101, 391(2), 398, etc., some of which have now been assigned to the Company

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Mar 25 1996

Sham Sunder Vs. State

Court : Delhi

Decided on : Mar-25-1996

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 31, 311 and 391

Reported in : 1996CriLJ3376; ILR1996Delhi309

like murder offence.b) The dealt with the scope of additional evidence by prosecution in a murder case under Section 391 of the Criminal Procedure Code, 1973 - The State filed application to tender in the evidence the supplementary … case. The powers which have been given to the Court are coughed in Sections 311 and 391 of the Criminal Procedure Code. These Sections are reproduced as follows :- '311. Power to summon material witnesses or examine person present - … Court are coughed in Sections 311 and 391 of the Criminal Procedure Code. These Sections are reproduced as follows :- '311. Power to summon material

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Jan 23 2001

State of M.P. Vs. Pattu Alias Pratap Singh

Court : Madhya Pradesh

Decided on : Jan-23-2001

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 147, 148, 149, 302, 323, 324, 342, 426 and 436; Code of Criminal Procedure (CrPC) , 1973 - Sections 157, 161, 311, 367 and 391

Reported in : 2001CriLJ3217

absolutely necessary for just and proper decision of the case. Exercising powers conferred under Sections 391 and 367, Criminal Procedure Code, 1973, we direct that the Court of Session, Narsinghpur shall with utmost despatch record the evidence of Shyamlal … on trial for offence under Sections 147, 148, 302/149 (on two counts) and 436 of the Indian Penal Code. First Additional Sessions Judge, Katni, by judgment dated 30-11-1999 passed in Sessions Trial No. 230/98 acquitted three accused … besides three other accused persons were put on trial for offence under Sections 147, 148, 302/149 (on two counts) and 436 of the Indian Penal

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