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Section 311 Cr.P.C. empowers the trial court with broad...
Power to receive documentary evidence upheld; documents referred in complaint may be placed on record without amendment where omission was inadvertent.
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Section 311 Cr.P.C. empowers the trial court with broad discretion to summon, examine or recall persons and to receive documentary evidence essential for a just decision; this power is not confined to oral testimony and may be exercised at any stage to rectify inadvertent omissions. Allowing production of documents expressly referred to in the complaint but not earlier annexed does not amount to impermissible amendment where the documents were known and considered during sanctioning. Applying these principles, the High Court held the trial court rightly permitted reception of the omitted documents and dismissed challenges to that exercise of discretion.
Section 311 Cr.P.C. empowers the trial court with broad discretion to summon, examine or recall persons and to receive documentary evidence essential for a just decision; this power is not confined to oral testimony and may be exercised at any stage to rectify inadvertent omissions. Allowing production of documents expressly referred to in the complaint but not earlier annexed does not amount to impermissible amendment where the documents were known and considered during sanctioning. Applying these principles, the High Court held the trial court rightly permitted reception of the omitted documents and dismissed challenges to that exercise of discretion.
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