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DRAT-Appellate Tribunal-SARFAESI-RDDB-Limitation-condone delay

Baleshwar Dayal Jaiswal Vs. Bank of India & Ors, Dated on AUGUST 05, 2015. [Civil Appeal No.5924 of 2015 arising out of SLP (C) No.27674 of 2011] [Civil Appeal No.5925 of 2015 arising out of SLP (C) No.36316 of 2011] [Civil Appeal No.5926 of 2015 arising out of SLP (C) No.38436 of 2012] [Civil Appeal No.5927 of 2015 arising out of SLP (C) No.5789 of 2013] Judgment Details Baleshwar Dayal Jaiswal Vs. Bank of India & Ors. [Civil Appeal No.5924 of 2015 arising out of SLP (C) No.27674 of 2011] [Civil Appeal No.5925 of 2015 arising out of SLP (C) No.36316 of 2011] [Civil Appeal No.5926 of 2015 arising out of SLP (C) No.38436 of 2012] [Civil Appeal No.5927 of 2015 arising out of SLP (C) No.5789 of 2013] ADARSH KUMAR GOEL, J. 1. Leave granted. 2. The question in this batch of appeals is whether the Appellate Tribunal under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ("the SARFAESI Act") has...

Additional Evidence - Appeal - Document available at trial stage

2014 STPL(Web) 1886 MADRAS [(2014) 3 MLJ (Crl) 730] MADRAS HIGH COURT (HON'BLE MR. M. VENUGOPAL, J.) T. VELNADAR Appellant VERSUS P. AYYANATHAN Respondent Criminal Appeal Nos.710 to 712 of 2011-Decided on 25-7-2014. Negotiable Instruments Act, 1881, (Act), Section 138 - Code of Criminal Procedure, 1973 (CrPC), Section 391 - Criminal Procedure - Additional Evidence - Not allowed - Complaint of dishonour of cheque resulted in acquittal - Appeal against - Plea for additional evidence - Held: Complainant cannot be allowed to produce documents as evidence at an appellate stage, because of the simple reason that the documents in question were very much available before the trial Court at the time of conducting trial of the three cases. (Para 21) In short, the exercise of power by the Appellate Court under Section 391 Cr.P.C. is one of discretion. It is true that the power of an Appellate Court to take additional evidence in Appeal is vested based on the view that the 'Co...