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Results of additional evidence at appellate stage

Showing : 161-170 of 285 Results

BOMBAY HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Court without deciding the application, ventured to take into consideration the additional evidence which was sought to be produced - Judgment and decree under appeal vitiated - Matter relegated back to lower Appellate Court for de novo consideration...........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Can be allowed in three contingencies (a) where the trial court has refused to admit evidence which ought to have been admitted; (b) the additional evidence sought to be produced could not be produced despite due diligence before the trial court; (c) and/or where the appellate court..........

ALLAHABAD HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Provision is not applicable to misc. appeal from an interlocutory order passed on the interim injunction application...........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - It is only for removing a lacuna in the evidence that appellate Court is empowered to admit additional evidence - Appellate Court cannot allow additional evidence only for the purpose of pronouncing judgment in a particular way and when it without such evidence can pronounce judgment...........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Court while deciding an issue, is bound to give reasons - A mere reference to the peculiar circumstances of the case, or mere statement that the evidence is necessary to pronounce judgment, or that the additional evidence is required to be admitted in the interests of justice, or that..........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application has to be considered at the time of hearing of appeal on merits so as to find whether the documents and/or the evidence sought to be adduced have any relevance/bearing on the issues involved...........

PATNA HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Evidence already on record sufficient for decision - Additional evidence not decisive and conclusive in character - If allowed it will prolong litigation - Additional evidence, not allowed...........

DELHI HIGH COURT

Year of decision: 2012
Details

Criminal Procedure Code, 1973, Section 391 -- Additional evidence - Powers of appellate Court - Exercise of - Held, appellate Court may either record further evidence itself or direct it to be taken by trial Court - For permitting additional evidence at the stage of hearing of appeal, appellate Court needed to satisfy that additional evidence that was sought to be adduced..........

ALLAHABAD HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Can be allowed under two conditions viz. if said documents were asked to be admitted as evidence before trial Court and trial Court refused to accept the same and when party is able to establish that even with due diligence such evidence was not within his knowledge - In the instant..........

RAJASTHAN HIGH COURT

Year of decision: 2011
Details

Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Appellate Court framed additional issue - Matter remanded to trial Court for recording evidence of both parties on additional issue and to decide the suit afresh after considering each issue separately - Remand was not for de novo trial - Amendment of written statement cannot be allowed at..........

Showing : 161-170 of 285 Results