Showing : 71-80 of 1081 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151-- Additional evidence - Once fact already disproved by defendants and same is not question of fact in suit, prayer for additional evidence cannot be considered, as it does not fall within the purview of additional evidence...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 45-- Expert opinion - Comparison of signatures - If two sets of signatures are sent to an expert and his opinion is obtained, though it may be in the nature of opinion evidence, yet it will be one more additional piece of evidence, which may be of considerable assistance to Court not only in assessing..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17, 17A-- Recalling of witness - Court has power to reopen and recall witness and permit the party to let in additional evidence - No straight jacket formula to allow or reject such application - Said power is discretionary and must be exercised judiciously - Plea that recalling of witness cannot be allowed..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27-- Additional evidence at appellate stage - First Appellate Court committed error in disposing of application independently during pendency of appeal - Application U.O.41.R.27 CPC has to be decided along with appeal only - Impugned order set aside - Application restored...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Documents sought to be produced on record were in existence during trial and were not filed during trial - Sufficient or cogent reason not assigned for not filing the same - Plaintiff cannot be permitted to fill up lacuna in his case by filing an..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106-- Murder of wife by husband - Burden of proof - Room in which dead body of deceased was found was jointly shared by accused/husband and his wife/deceased - Burden is upon accused to offer an explanation as to how and in what circumstances, deceased sustained so many injuries - Accused failed to..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 319-- Additional accused - Evidence of witnesses stated presence of petitioners and their participation in alleged offence - Some witnesses turned hostile - Certainly, there are discrepancies cropped up in cross-examination but necessary evidence for invoking S.319 Cr.P.C. for taking cognizance against..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Documents sought to be produced by way of additional evidence i.e notification issued under Land Acquisition Act, were relevant and also necessary for deciding rights of parties involved in suit - These documents did not require any proof being public..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration and permanent injunction - Neither predecessor-i, title of plaintiffs and nor plaintiffs had any subsisting right, title and interest in suit property on the date of filing of suit, as suit property was acquired by State - Defendants filed the documents in appeal by away of..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 190-- Additional accused - Cannot be summoned u/s 190 Cr.P.C. after framing of charge - The only power available to trial Court for summoning additional accused is available u/s 319 Cr.P.C. after recording evidence at the trial...........

Showing : 71-80 of 1081 Results