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Results of additional evidence at appellate stage

Showing : 61-70 of 274 Results

RAJASTHAN HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Divorce proceedings - Papers sought to produce by way of additional evidence relating to beatings given by husband to one `D', who is not a party to the suit and which is not relevant at all to decide the lis and has got no relation with the matter - Application dismissed...........

MADHYA PRADESH HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Nothing stated that applicant had no knowledge of such additional evidence despite due diligence - No reason given for failure to produce document in trial Court which is sought to be produced in the Court of appeal - Moreover, there is no pleading regarding which additional evidence..........

DELHI HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Right to lead additional evidence arises if there is already some evidence of person - Additional evidence can be led on complying ingredients of O.41.R.27 - However, once evidence of person is closed because evidence is not led inspite of sufficient opportunities, then provision of..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - First appellate Court while dismissing application of plaintiff failed to appreciate that additional evidence being in the nature of public document i.e agreement executed between i.e. an agreement executed between plaintiff-corporation and defendant and execution of which agreement..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 151 -- Additional evidence at appellate stage - Application u/s 151 CPC is not maintainable, unless document sought to be led by way of evidence is accompanied by an application for leading additional evidence U.O.41.R.27 CPC...........

RAJASTHAN HIGH COURT

Year of decision: 2016
Details

Criminal Procedure Code, 1973, Section 391, 164 -- Additional evidence at appellate stage - Statement of witness recorded in another proceeding without opportunity of cross examination cannot be taken...........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Additional evidence can be brought on record by making an application U.O.41.R.27 CPC and not by filling documents alongwith Misc. application for any other purpose in the proceedings - Documents brought on record alongwith a misc. application cannot be read in evidence...........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Court should allow the party to file such additional evidence, if applicant is able to satisfy Court that there is justifiable reason for not filing such evidence at the trial stage and that additional evidence is relevant and material for deciding the lis...........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Once additional evidence is allowed then appellate Court is under obligation to give opportunity to the other side to file additional evidence by way of rebuttal...........

SUPREME COURT OF INDIA

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Allowed for the reason : (i) It was averred in application as to why additional evidence could not be filed in the suit; and that (ii) why there was delay on their part in filing such evidence at appellate stage; (iii) averments in application were supported with an affidavit, which..........

Showing : 61-70 of 274 Results