Supreme Court of India
Brig. Sukhjeet Singh (retd.) Mvc v. The State of Uttar Pradesh & Ors.
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What the Court ordered
We are of the view that Appellate Court committed error in not exercising jurisdiction under Section 391 Cr.P.C. in accepting the second Trust Deed dated 18.10.1989 and the Resolution No.112 dated 18.10.1989 and refusing the appellant to lead evidence to prove the documents.
Judgment, page 18
From the headnote
Code of Criminal Pr ocedur e, 1973 – s.391 – Additional evidence in Appellate Cour t – r egimental W elfare T rust owned various immovable pr operties including agricultural lands – On 18.10.1989, a deed of declaration of trust was executed by the office of the trust claiming it to be a new trust without changing the nature of the tr ust – On the same date, a r esolution no.1 12 was passed by the tr ustees wher e it authorized the appellant and the other accused to act in the name of the trust and sell the agricultural lands – Consequent to which, MOU was enter ed with the T rust and
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