Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Stage of consideration - Even if an application for additional evidence is filed during pendency of appeal, it has to be heard at time of final hearing of appeal i.e at the stage when it is possible for Court to reach to a conclusion after appreciating evidence already on record that..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - In the absence of any substantial question of law arising in appeal the same merits dismissal in limine...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Court while hearing an acquittal appeal can re-appreciate evidence, however, it should not interfere with order of acquittal, if view taken by trial Court is also a reasonable view of evidence on record and findings recorded by trial Court are not manifestly erroneous...........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 11, 31 -- Second appeal - If second appeal involves substantial question of law then such questions are required to be formulated - However, in case second appeal does not involve substantial question of law then appellate Court has to pass a reasoned order which is a mandatory requirement of law - Non compliance of..........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 11, 31 -- Second appeal - High Court dismissed appeal in limine U.O.41.R.11 CPC - While deciding second appeal, High Court not satisfied requirements of either S.100 CPC and/or O.41.R.31 CPC - Impugned order of High Court legally unsustainable and same set aside - Case remanded to High Court for hearing of appeal..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court cannot interfere in second appeal on question of fact, unless and until there is absolute perversity...........
Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 21, Rule 58 -- Rejection of application U.O.21.R.58 CPC - Appeal thereagainst U.O.43.R.1 CPC - Not maintainable, in view of express provision of O.21.R.58(4) CPC, as only an Execution First Appeal would be maintainable...........
Civil Procedure Code, 1908, Section 114, Uttar Pradesh Consolidation of Holdings Act, 1953, Section 5(c)(ii) -- Review - In second appeal the court did not taken into consideration the arguments raised that portion of land was `chakout' and therefore was not part of consolidation scheme - High Court justified in reconsidering the matter in Review Petition...........
Criminal Procedure Code, 1973, Section 401, Indian Penal Code, 1860, Section 326, 324, 323, 34 -- Appeal against acquittal - Complainant party was not interested in lodging FIR and only after four days, they have decided to register FIR - Statement of doctor who conducted x-rays and MLRs of injured witnesses that possibility of self-inflicted injuries on all injured..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of appellate Court - Has to state the reasons for the decision - Absence of analysis not only evinces no, application of mind but mummifies the core spirit of judgment - In the instant case, High Court while affirming the judgment of trial Court, has really not ascribed any reason - There has been no analysis of..........
