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...failed to appreciate that in the garb of exercise of powers under Section 311 of the Code a court cannot allow the prosecution to re-examine prosecution witnesses in order to fill up lacuna in the case...prone. A corollary of any such laches or mistakes during the conducting of a case cannot be understood as a lacuna which a court cannot fill up.8. Lacuna in the prosecution...K.T Thomas, J.— Leave granted.2. Can a trial court permit lacuna in prosecution evidence filled up? The conventional concept is that the court...
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...opportunity from the court when the prosecution did not produce any witness, the prosecution cannot be permitted to fill-up lacuna in its case. 3. At the outset, it needs to be recorded that...there is a distinction in law between negligence on the part of the prosecution and attempt to fill-up lacuna. 4. The trial judge in its order dated 21.02.2018 has recorded a finding...
...Sections 364, 302 and 201 I.P.C., Police
Station-Vrindavan, District-Mathura was to fill-up lacuna in prosecution case
to summon Smt. Santa Devi wife of Hari Das when the trial is at the stage of...final argument. The contention is that the trial court cannot exercise power
under Section 311 Cr.P.C. to fill up the lacuna left by prosecution and
therefore the impugned order dated 24.07.2010 is not...
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...a suit cannot be permitted to fill up lacuna in their case however, I find that in the impugned order dated 18.01.2013 there is a discussion on merits of the case. Accordingly, it is ordered that the...
.... After
hearing arguments and going through the impugned Order we find
that trial Court rightly held that recourse to section 311 is not
permissible to fill-up lacuna. Section...
...application was strongly objected by the contesting defendants stating that in order to fill up the lacuna, the plaintiff has filed an application during the trial as such is not maintainable. The Court....
5. The learned counsel for the revision petitioners submitted that after completion of the evidence, to fill up lacuna he wants to examine the Bank Manager of IOB. But during the...objections before the trial court. If at all, to fill up lacuna, the parties can put forth their arguments while disposing of the
3...
...of the possibility of making mistakes to which humans are proned.A corollary of any such laches or mistakes during the conducting of case cannot fill up.Lacuna in the....5. The Apex Court in the case reported in A.I.R 1999 SC 22921 has observed in para 6 as under:“A lacuna in prosecution is not to be equated with the fall...oversight in the management of the prosecution cannot be treated as irreparable lacuna. No party in trial can be foreclosed from correcting errors.If proper evidence was not adduced or a...
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progressed in the year 2021, the trial Judge dismissed the application by stating that to fill up lacuna, this application has been filed. In fact, before commenceme...up lacuna, he filed the application as it is totally incorrect.
4. Heard the learned counsel appearing for the petitioner. The notice served on the respondent is returned...that he filed the additional written statement in the year 2019 viz., before commencement of trial. The trial Judge erroneously dismissed the said application by holding that after five years to fill...
.... 26 R.9 CPC was filed by the plaintiff on 14.07.2015, the trial Court found that the plaintiff is attempting to fill up lacuna in the evidence by seeking appointment of Commission for spot inspection...perusing the material placed on record, the findings of the trial Court that the plaintiff-petitioner is attempting to fill up lacuna discovered by him in his evidence by filing an application u/O. 26 R.9...
...Cr.P.C cannot be resorted to by the parties to fill-up lacuna in the case [refer, “Jamatraj Kewalji Govani v. State Of Maharashtra...
...witnesses were cross-examined during the
course of trial. The applicant is trying to fill up lacuna hence he does not
deserve any indulgence.
Having considered rival submissions...
...that the effect of amendment is that the plea taken by the defendant that the suit is bad in law due to partial partition, has become infructuous. The amendment was thus, intended to fill up lacuna in...
...connected with the suit. The intention of the revision petitioner in filing the present petitions, in my considered opinion, is only an attempt to protract the proceedings and to fill up lacuna in the...
...tamper with the evidence already recorded or to fill up lacuna in the defence case. The power conferred under Section 311 of the Cr.P.C. to summon any person as a witness or...
...the reason that the petitioners propose to recall their witness and to produce the proposed documents to fill up lacuna in their case.
2. Sri. Ashok B. Patil, the....
4. Sri. Ashok B. Patil also submits that in the circumstances as afore, the civil Court could not have opined that the applications are intended to fill up lacuna, and in fact...- defendants - will be put to undue hardship and the applications, which are filed after a lapse of seven years, are intended to fill up lacuna.
(2011) 11...
...witnesses is a rule and examination of party after witnesses is an exception. It is pleaded that plaintiff intends to fill up the lacuna in present case and same is not permissible under law. It is...to fill up lacuna in civil suit by way of examining himself as witness at the later stage. It is well settled law that plaintiff cannot be permitted to fill up lacuna in civil suit by way of appea...