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Adv. karinamishra (-)     09 March 2010

recent judgment

 

Landmark judgment of
Supreme Court of India

Dishonour of cheque - Accused cannot be permitted to lead his evidence by way of affidavit. 2010(1) Apex Court Judgments 228 (S.C.)

Dishonour of cheque - Evidence on affidavits - Cross examination of deponent - Accused cannot insist that deponent should first depose verbally in examination-in-chief what he has already said in the affidavit. 2010(1) Apex Court Judgments 228 (S.C.)

Dishonour of cheque - Documents produced along with the affidavit - Affidavit can contain the formal proof of the enclosed documents - Accused can raise objections - If objections sustained then it is always open to the prosecution to have the concerned witness summoned and get the lacuna in the proof of the documents corrected. 2010(1) Apex Court Judgments 228 (S.C.)

Dishonour of cheque - Evidence on affidavits - Excluding inadmissible portion in affidavit - Not necessary to call deponent - Court on objection by accused can deal with the objections in accordance with law. 2010(1) Apex Court Judgments 228 (S.C.)



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 2 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     10 March 2010

Thanks for judgments

Rekha..... ( Practicing lawyer(B.Com LL.M in Business law ))     10 March 2010

Thank you very much


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