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sanjay Upadhyay (proprietor)     10 September 2010

145 of N.i Act

whether on the same point  fresh evidence can be filed once upon which the party have been cross examined .  he can be reexamined  for briing new fact or giving only clarification whether any person can lead fresh evidence by educing fresh evidence.



Learning

 5 Replies

Adesh Kumar Sharma (Senior Associate Lawyer)     10 September 2010

My dear friend first you need to satisfied the court that what facts you want to bring on record, and if the court is satisfied den you application under section 311 may be allowed...........wen you are allowed then you need to file the affidavit for the fact. Thereafter the opposite party wud be given liberty to cross examine to who deposed the affidavit. 

Thanks

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     10 September 2010

If it is not in the pleading fresh evidece  can not be allowed.

Adesh Kumar Sharma (Senior Associate Lawyer)     10 September 2010

Well I wud suggest to all the expert with no offence, that you should go through the related provision before giving any opinion. Section 311 of Cr.P.C. or any other section does not create a bar to recall a witness or to bring additional fact on record. Section 311 of Cr. P.C. is vide enough. Further it is not civil case tht you have plead evry fact in plaint otherwise you would  not be permitted to led the evidence. Section 311 gives ample power to the court to permit a party to lead the evidence on a fact which is not on record. There are number of judgment on this issue. I hv uploaded the judgment on the other query asked by Mr. Upadhyay.

 

Thanks 

SANJAY GUPTA (Advocate)     11 September 2010

Mr. Sharma, it is fact that 311 Cr.P.C. had given disceetion to magistrate to allow any person to re-examine and or cross examine for the just decision of the case on the conditions as you mentioned and could not be allowed to fill up the lacuna of the case. there are many judgements regarding the same.

Adesh Kumar Sharma (Senior Associate Lawyer)     13 September 2010

Mr. Gupta, I nowhere said that you can use the section 311 as a tool to fill up the lacuna of your case. I started my opinion that first you need to satisfy the court then your application may be allowed, if the Court is satisfied. Well I know it, by the way thanks for you suggestion.


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