Showing : 21-30 of 260 Results

GUJARAT HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Discretion to allow or to reject additional evidence could be judicially exercised only at the stage of finally considering the appeal - It is not to be considered prior to appreciation of evidence on record...........
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..........
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..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Suit for declaration of title and recovery of possession - Certified copy of gift deed sought to be produced by way of additional evidence by defendants - No material on record that gift deed was handed over to counsel for defendants - Attributing..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Sale deed - Execution not denied - Court cannot straightaway proceed to hear appeal, after admitting additional evidence, without affording opportunity to lead evidence in rebuttal or to explain the alleged admission...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Application disposed of as infructuous on the day first appeal was dismissed - Application has to be decided alongwith the first appeal - There is thus procedural error - Matter remitted - First appellate Court to decide appeal afresh and to decide..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, 397, 401-- Dishonour of cheque - Conviction - Dismissal of application for additional evidence at appellate stage - Revision thereagainst also dismissed - Appellate Court was required to dispose of appeal on merits and could not have remanded the case to the trial Court - Impugned order set aside with..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Two important ingredients are to be fulfilled in order to invoke O.41.R.27(1)(b) CPC namely, `requires' and `for any substantial justice' - Requirement thus, must be of Court and not of any party to suit - When Court opines that without additional evidence..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - O.41.R.27 CPC cannot allow a litigant who had been unsuccessful in lower Court to patch up weak parts of his case and fill up omission in appeal...........

Showing : 21-30 of 260 Results