Showing : 21-30 of 64 Results

RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Documents sought to be produced pertaining to criminal proceedings being First Report (F.R.) against petitioner - Petitioner was not aware of filing of F.R. and its acceptance by criminal Court, therefore it cannot be said that he did not act with due..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Document sought to produced by way of additional evidence was in the knowledge of applicant, but no effort was made to bring it on record before trial Court - It is not open to applicant at the appellate stage, to make fresh allegations and call upon other..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Parties are not allowed to fill the lacunae at the appellate stage - It is against the spirit of the Code to allow a party to adduce additional evidence without fulfillment of either of the three conditions mentioned in O.41.R.27 CPC...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - If evidence was already available with appellants but was not filed knowingly, such evidences cannot be accepted in appeal U.O.41.R.27 CPC...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Evidence cannot be admitted in appeal on the ground that earlier in Lower Court appeal, evidence could not be adduced because of wrong legal advice, as evidence in appeal can be admitted only on three grounds mentioned in O.41.R.27 CPC...........
UTTARAKHAND HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Can be permitted subject to such conditions and limitations as are prescribed in O.41.R.27 CPC - Mere ground that document can be produced at any time before the decision of appeal is not sufficient to allow additional evidence...........
UTTARAKHAND HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate Stage - Board of Revenue without assigning any reason to explain the delay in filing the documents and considering why documents are necessary for proper disposal of case, allowed the application for additional evidence - Applicability of O.41.R.27 CPC to the..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Non deciding of application filed U.O.41.R.27 CPC - Impugned order set aside - Appellate authority to decide appeal along with application U.O.41.R.27 CPC...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25-- Remand of case - Validity - Appellate Court remanded case to trial Court without reversing findings recorded by trial Court on issues framed by trial Court and without finding retrial necessary - Appellate Court also failed to frame any issue which according to it, trial Court had failed to frame..........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Even if the petitioner had mentioned in his pleadings before the Trial Court about the said evidence but the same was not produced at the stage of evidence, the same could not be allowed to be brought on record at the appellate stage by moving application..........

Showing : 21-30 of 64 Results