Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Failure to mention the provision - However, application come within ambit of provision of O.41.R.27 CPC - That alone cannot take the application out of ambit of provision of O.41.R.27 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 27, Civil Procedure Code, 1908, Order 26, Rule 9 -- Additional evidence at appellate stage - Remeasurement of land - Trial Court appointed Court Commissioner but his report was rejected as he did not follow proper procedure at the time of conducting measurement - If Appellate Court agrees with the finding of trial court about non..........
Indian Penal Code, 1860, Section 302, 364, 365, 380, 395, 34, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of dead body of deceased - No confessional statement of A-3 was recorded u/s 27 of the Act with regard to recovery of dead body - Prosecution thus, failed to prove the circumstance that dead body of deceased was recovered at the instance..........
Indian Penal Code, 1860, Section 302, 364, 365, 380, 395, 34, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of spade at the instance of A-1 - Recovery effected from a place which was already known and not exclusively within knowledge of A-1 - Recovery is not reliable - Accused acquitted...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate Court should record its reasons for admitting additional evidence - Mere reference to peculiar circumstances of case, or mere statement that evidence is necessary to pronounce judgment or that additional evidence is required to be admitted in the interest of justice, or that..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate Court has given no reason whatsoever as to how defendant despite due diligence was not in a position to lead relevant evidence - Before coming to conclusion it was incumbent upon Appellate Court to have given its findings and reasons - Grounds raised in application for..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c), 27(a), 37 -- Bail - Trial is expected to take a long time and is not going to conclude in future - Therefore, by S.37 of the Act accused is not precluded from claiming bail invoking parameters of Article 21 of the Constitution of India - Bail granted...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of gamchha - Accused was not in custody at the time of recovery of gamchha - Recovery cannot be said to be in consonance with S.27 of Evidence Act and thus, not proved - Since recovery of gamchha is not proved, availability of blood stains on it fades into..........
Special Marriage Act, 1954, Section 27(d) -- Divorce - Cruelty - Petition by husband - Wife filed various complaints against husband - However, complaint was not filed with the intention to cause harm to professional or social status of husband - Depositions of witnesses also does not support case of cruelty - No evidence on record to substantiate allegation of cruelty -..........
Indian Penal Code, 1860, Section 302, 307, 186, 353, 120B, 121, 121A, 216, 201, 420, 471, 474, 34, Arms Act, 1959, Section 25, 27, 54, Explosive Substances Act, 1908, Section 4, 5 -- Murder - Death sentence - Review - Involvement of accused in the crime is proved on record - Even, disclosure statement was held to have been proved by Courts below - Nothing on record which..........
