Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC is to be heard at the time of final hearing of appeal - First appellate Court allowed application without any reason in a perfunctory manner - Order allowing application set aside...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents were created only to frustrate the purpose for which civil suit was filed - Application U.O.41.R.27 CPC filed with object to frustrate and defeat the judgment and decree - Application dismissed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27(b) -- Contraband - Beedi allegedly containing ganja being smoked by petitioner has not been subjected to any forensic analysis - Prosecution against petitioner for offence u/s 27(b) of the Act cannot be permitted to continue - Proceedings quashed...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate authority is required to consider and decide the application U.O.41.R.27 CPC either while passing the main judgment or by virtue of a separate order of even date at the time of deciding the appeal - Since the same is not done, impugned order set aside - Matter remanded back..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Jurisdiction U.O.41.R.27 CPC cannot be exercised where evidence sought to be produced by way of additional evidence was withheld intentionally...........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27 -- Murder - Testimony of informant remained undemolished in the cross examination on the factum of incidence and is corroborated u/s 157 of Evidence Act by his fardbeyan recorded by police on the same day - There is no material to remotely suggest that informant had any reason to falsely implicate appellant -..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27, Evidence Act, 1872, Section 60 -- Murder - Direct evidence - Informant is a direct eye witness to the incidence and cannot be said to be hearsay, for the reason that he had heard the sound of firing - His testimony is corroborated by attending circumstance of appellant being arrested soon after the incidence..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 27, Evidence Act, 1872, Section 6 -- Murder - Fire arm injury - Incidence of firing, immediately followed by arrest of appellant with the rifle which was used in the shooting, all form part of same transaction and therefore relevant u/s 6 of Evidence Act - I.O has given the description of place of occurrence to..........
Hindu Marriage Act, 1955, Section 27, Hindu Succession Act, 1956, Section 14 -- Stridhan - All the movable and immovable properties belonging to wife or given to her before or at the time of or at any subsequent time of marriage are her stridhan properties of which she is an absolute owner by virtue of S.14 of Hindu Succession Act r/w S.27 of Hindu Marriage Act...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate Court without deciding application for additional evidence, has decided the main appeal itself, which is a patent error - Impugned order set aside - Matter remitted back to lower appellate Court for fresh disposal of application...........
