Showing : 161-170 of 258 Results

RAJASTHAN HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Appeal decided without deciding application for additional evidence which was kept pending for decision at the stage of final disposal of appeal - Appeal remanded for decision after decision of application...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 391-- Additional evidence at appellate stage is permissible, in case of a failure of justice - It should be allowed just to cure the irregularity - Additional evidence at appellate stage cannot be allowed in order to fill up lacunae in the prosecution case...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Appeal decided without deciding application - Appeal cannot be remanded to first appellate Court when (a) Application was neither verified nor supported by any affidavit; (b) No document in support of application was produced; (c) It was also not mentioned..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Omission to decide application for additional evidence on the ground that plaintiff could not lead proper evidence and more opportunity may be given to lead further evidence - Does not prejudice the case of plaintiff when it shows that sufficient..........
MADHYA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Documents sought to be produced as additional evidence came in existence after passing impugned judgment by trial Court which is under challenge - Held, these documents are not necessary for just decision of appeal - Application dismissed...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - When an application for reception of additional evidence is filed, it is duty of Court to deal with the same on merits...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - It is incumbent on the part of appellate Court to consider at the time of hearing of appeal on merits so as to find out whether the documents or evidence sought to be adduced has any relevant/bearing on the issues involved...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Can be allowed in three situations, namely (a) (a) whether the trial Court has illegally refused the evidence although it ought to have been permitted; (b) whether the evidence sought to be adduced by the party was not available to it despite the exercise..........
ALLAHABAD HIGH COURT
Year of decision: 2010
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391-- Dishonour of Cheque - Additional evidence at appellate stage - Accused in appeal wanted to get his alleged signatures on the Cheque compared with his specimen signatures, though he had sufficient opportunity for the same during trial - Accused himself admitted that he issued Cheque, but alleging..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - An application U.O.41.R.27 CPC should be considered by evaluating and weighing the facts in their totality to see as to whether evidence sought to be produced is necessary for proper adjudication of the matter...........

Showing : 161-170 of 258 Results