Showing : 11-20 of 64 Results

JHARKHAND HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 27(aa)-- Additional evidence at appellate stage - Application U.O.41.R.27 CPC is to be considered at the time of final hearing of appeal - Court at the stage of commencement of appeal, without hearing both the parties cannot conclude whether additional evidence is required to enable Court to pronounce..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Land Acquisition Act, 1894, Section 23, Civil Procedure Code, 1908, Order 41, Rule 27-- Acquisition of land - Determination of compensation - Consideration of previous awards/judgments - At the stage of appeal if award/judgment has to be read in evidence an application has to be filed U.O.41.R.27 CPC, to take additional evidence on record and if it is allowed opposite party has to be..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100, Order 41, Rule 27-- Second appeal - Application U.O.41.R.27 CPC filed by both the parties in lower appellate Court but same was undecided - Judgment and decree of lower appellate Court set aside - Matter remitted back to lower appellate Court for fresh consideration...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 23A-- Remand - Once the First Appellate Court allowed the application U.41.R.27 CPC and took on record the additional evidence, it rightly set aside the judgment of trial Court giving liberty to parties to lead additional evidence in support of their case, which in turn, enabled the trial Court to..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Additional evidence which plaintiff intends to produce on record is not required by this Court for purpose of adjudication of case - Incidentally, it is not the case of plaintiff that either of Courts below refused to admit evidence which is now intended to..........
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..........
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..........
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..........
GAUHATI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 100, Order 41, Rule 27-- Additional evidence at appellate stage - Appeal against decree passed in favour of plaintiff by first appellate Court - Plaintiff himself volunteered to file an application U.O.41.R.27 CPC to enable him to adduce evidence at appellate stage - Sufficient to hold that decree passed by First..........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 107, Order 41, Rule 27-- Additional evidence at appellate stage - Ordinarily Appellate Court would not traverse beyond the records of lower Court and would not admit additional evidence for mere asking - However, S.107 CPC is an exception to this, enabling Appellate Court to take additional evidence or to require such..........

Showing : 11-20 of 64 Results