observed as under:
" Prevention of Corruption Act (2 of 1947),
S.4(1) - Accused shown to have accepted money
which was not legal remuneration ... fact -
31
Supreme Court will not interfere. Constitution of
India, Art.136 - Evidence Act (1 of 1872), S.114
- Penal Code
mere recovery of tainted amount from
accused cannot be treated as substantial evidence in
the absence of proof of demand and acceptance. But,
none of these ... fact- Supreme Court will not interfere,
Constitution of India, Art.136-Evidence Act (1 of
1972), S.114 - Penal Code
admit a particular evidence. The
word used is 'evidence.' What is 'evidence' is defined in the
Act in Section ... called documentary
evidence.
Therefore the term evidence includes ocular and
documentary evidence. By amendment to the Evidence Act ,
particularly the word 'evidence
that the
Evidence Act has been made inapplicable to proceedings for
trial of offences under Section 138 of the Act, the Evidence
Act would ... facts in issue, it
was no evidence. This could be found In SectIon 136 of the
Evidence Act which envisages:
1.36. Judge to decide
Synchron Machine Tools P. Ltd. And ... vs U.M. Suresh Rao on 17 September, 1992
Sangappa Andanappa vs Shivamurthiswamy Siddappalyaswamy on 10 September, 1960
Equivalent citations: AIR1961KANT106, AIR1961MYS106, AIR 1961
offence punishable under Section 136 of the N.I. Act. Therefore, when once the documents are admitted in evidence, without the objections of the opposite ... ingredients of Section 139 of the N.I. Act and Section 118 of the Evidence Act acquitted the respondent which is illegal, incorrect, perverse
petitioner-
defendant has relied upon Section 146 of the Evidence Act to
say that he is at liberty to put any question during the
course ... submitted by
learned counsel for the respondent under Section 136 of the
Evidence Act, it is for the Court to decide admissibility of
evidence
made the submission that as per
Section 103 , 136 and 165 of the Evidence Act, the trial
Court ought to have allowed the application
Sri B Suresh Gowda vs Sri D C Gowrishankaraswamy on 30 March, 2023
Author: S
