Hindu Marriage Act, 1955, Section 27 -- Claim of money of Rs.50 lakh by wife - Husband insisted for Rs.50 lakhs to purchase property from PW10 and on account of repeated pressure exercised by husband with wife, father of wife availed loan of Rs.50 lakhs and transferred the same to PW10, who admitted the receipt of same towards sale consideration - Evidence tendered by..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - To examine an attesting witness of Will - Petitioner had been working on the witness over a long period of time to depose in his favour - Petitioner had full liberty to produce the witness and get him examined before trial Court - Time to tutor a witness cannot be granted - Dismissal..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Proceedings U.O.41.R.27 CPC are not intended to enable parties to supply evidentiary defects at appellate stage as an afterthought...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Judgment of High Court was sought on record by way of additional evidence by defendants, which was not part of record in civil Court - No prejudice is thus, caused to plaintiff by said judgment being permitted to be adduced as additional evidence - Application rightly allowed...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Appeal decided without deciding application U.O.41.R.27 - Impugned judgment and decree set aside - Matter remitted for decision afresh in appeal alongwith application U.O.41.R.27 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Report of handwriting expert was sought for comparison of signatures on admitted documents with signatures made on reply to interrogatories and vakalatnama - Suit filed for permanent injunction restraining defendant from encashment of bank guarantee - Bank guarantee is an independent..........
Civil Procedure Code, 1908, Order 41, Rule 27, Civil Procedure Code, 1908, Order 6, Rule 17 -- Application for additional evidence and amendment of plaint filed at first appellate stage - Both the applications interconnected and having direct nexus with one another - Both the applications be considered at the time of final hearing of appeal...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of weapon of offence - Recovery witnesses have turned hostile and did not support prosecution case - Weapon of offence though recovered stained with blood but no opinion was given regarding existence of human blood on it or that blood of human origin of group..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Plaintiffs filed three applications U.O.41.R.27 CPC during pendency of first appeal - First appellate Court discussed only two applications and third application was not decided - By not deciding third application, first appellate Court has committed material irregularity, which..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Plaintiff by way of application U.O.41.R.27 CPC prays for permission to produce on record a report made by a Patwari to prove that plaintiff is in possession of suit property along with a copy of lay out plan - Mere report does not prove possession - Said report even not per se..........
