Allegations
a k pandey
(Querist) 04 May 2012
This query is : Resolved
If an applicant makes new allegations during evidence other than allegations made in application, what is impact of such allegations in a case?
ajay sethi
(Expert) 04 May 2012
you cnanot seek to improve upon your case in evidence . the complaint made is your bible .
Adv.R.P.Chugh
(Expert) 04 May 2012
Please be more elaborate - which case are we talking about here ? Civil or Criminal ?
Raj Kumar Makkad
(Expert) 04 May 2012
New facts shall not be taken into consideration.
R.K Nanda
(Expert) 04 May 2012
Court will not allow new allegations during
evidence.
Nadeem Qureshi
(Expert) 05 May 2012
Dear Querist
your query is not clear, you need to mention about the stage of the case, nature of the case, it is civil or criminal?
If the case is in cross examination stage then the opposite party may ask all types of the questions.
feel free to call
adv. rajeev ( rajoo )
(Expert) 05 May 2012
evidence should be inaccordance with your averments. No chance for new allegations.
R Trivedi
(Expert) 05 May 2012
I hope you are referring to criminal cases. New allegations means, new section and possibility of new charges.
Please refer to S.216 & 217 of CrPC, which may answer the question.
What is not acceptable is to fill up the lacuna or to improvise the case.
Shonee Kapoor
(Expert) 05 May 2012
If it is an application, it means civil case and hence it won't have any bearing on the case.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Santosh Goswami,Advocate
(Expert) 06 May 2012
If the cross examination has not taken place, there is likelihood that new evidence can be admitted if the court is convinced about its role in deciding the matter.
919555462995
Vijyant Nigam (09807349001)
(Expert) 07 May 2012
in criminal case, upon giving evidence, if court is satisfied that the evidences adduced by the complainant or by any witness discloses any new charge under new section, the court may alter or increase the sections.
regards.
V R SHROFF
(Expert) 09 May 2012
I agree with view of Shri Shonee.
Querist keeps quite, but he used the word, Applicant, and not complainant.
So it cannot be criminal case. Cr p c & filling the lacuna does not arise.
Application can be at any stage, so Querist must give detail to get a proper reply.
a k pandey
(Querist) 13 May 2012
I am asking for divorce case filed by husband, and in case of CrPC sec.125 filed by wife. Issue has been raised, but evidence has not been started yet. contradictory statements has been submitted by wife in both the cases. my query is in this respect.
