Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate Court has given no reason whatsoever as to how defendant despite due diligence was not in a position to lead relevant evidence - Before coming to conclusion it was incumbent upon Appellate Court to have given its findings and reasons - Grounds raised in application for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - At the appellate stage - Partition suit - Defendant sought amendment of written statement with an additional plea that it is only a benami transaction - If amendment is allowed then additional issues have to be framed and additional evidence has also to be adduced on either side - Amendment..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Power u/s 319 Cr.P.C is a discretionary and extraordinary power which should be exercised sparingly - Crucial test has to be applied which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that evidence if goes unrebutted would..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 364, 366, 376, 307 -- Summoning of additional accused - Kidnapping, rape and attempt to murder - Incident took place in the Hotel - CCTV footage of Hotel indicates that no other person visited hotel except main accused - Evidence recorded during course of prosecution if remain unrebutted, will not..........
Civil Procedure Code, 1908, Order 41, Rule 25 -- Remand - Framing of new issues by appellate Court - Matter should have been referred to trial Court to take additional evidence on the issues newly framed and try such issues and return the evidence to it together with findings thereon and reasons thereof - Appellate Court not justified in setting aside the judgment and..........
Civil Procedure Code, 1908, Order 41, Rule 27, 28 -- Additional evidence - Appellate Court should have taken the additional evidence on record or direct trial Court to take such evidence and send it when taken and it could have specified the points to which additional evidence was to be confined - Only for the reason that additional documents had been taken on record, it..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Will - Plaintiff by way of additional evidence sought to summon thumb impression register from office of Sub-Registrar - However, plaintiff failed to prove the sound disposing state of mind of testatrix at the time of execution of Will and suspicious circumstances surrounding..........
Evidence Act, 1872, Section 106 -- Principles governing for applicability of the provision of S.106 Evidence Act : (i) S.106 of Evidence Act is designed to meet certain exceptional cases where facts which are especially in the knowledge of accused would be disproportionately difficult for the prosecution to establish; (ii) Before invoking S.106 of Evidence Act, prosecution..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Plaintiff sought to produce certain documents when defendant was leading his evidence - Additional evidence can be allowed when bona fide of applicant is not doubted and when it is absolutely essential to bring on record the additional evidence to meet the ends of justice - Since the case of plaintiff was..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A(3) -- Applications filed for amendment of plaint and filing of written statement to counter claim - These two applications filed when High Court exercising jurisdiction U.O.41.R.25 CPC framed three additional issues and directed District Judge to examine the additional issues,..........
