Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Where additional evidence sought to be adduced removes cloud of doubt over the case and evidence has a direct and important bearing on the main issue in the suit and interest of justice clearly renders it imperative that it may be allowed to be permitted on record, such application..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Allowing application U.O.41.R.27 CPC does not lead to result that additional documents/additional evidence can be straightway exhibited rather applicant not only have to prove the existence, authenticity and genuineness of said documents but also the contents thereof, in accordance..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Land acquisition proceedings - Appellant by way of additional evidence sought to bring on record the sale deeds and certified copy of judgment and award passed by Reference Court - Sale deed in question according to appellant has direct bearing on determination of fair market value of..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Place of occurrence - Site plan was prepared in the absence of independent witness - Place of occurrence was already known to police - Hence, there is no fact discovered in consequence of information given u/s 27 of Evidence Act and site plan thus, cannot be read..........
Evidence Act, 1872, Section 27 -- Disclosure statement - Information leading to discovery is admissible and not any opinion formed on it by prosecution...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for permanent injunction - Documents which were sought to be produced at appellate stage were mainly public documents - Authenticity and genuineness of said documents was not in dispute - Suit for perpetual injunction is on assertion of settled possession - Hence, these documents..........
Civil Procedure Code, 1908, Section 107, Order 41, Rule 23, 27, 28 -- Remand of case - Court having allowed application U.O.41.R.27 CPC had two options contemplated U.O.41.R.28 CPC i.e either to record evidence itself or to direct Court from whose decree appeal had been preferred to record such evidence - However, despite allowing additional evidence U.O.41.R.27, appellate..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25, 27 -- Murder - Love affair between accused and deceased - Accused caused multiple injuries to deceased when he saw her talking to another boy - Evidence of eye witness to incident remains unimpeachable and believed by two Courts - Even, evidence of eye-witness cannot be discarded merely because he allegedly..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for specific performance - Defendant by way of additional evidence sought to produce documents to show that his mother's name was not Ram Kali with whom plaintiff entered into agreement to sell - Khatauni in question sought to be adduced as additional evidence cold not be..........
Evidence Act, 1872, Section 27 -- Recovery u/s 27 of the Act - Place of recovery - What is relevant is not whether the place was accessible to others or not, but whether it was ordinarily visible to others - If place at which articles were hidden is such where only person hiding it knows until he discloses that fact to any other person, then it will be immaterial whether..........
