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...........
Evidence Act, 1872, Section 27 -- Disclosure statement - Accused need not be under formal arrest for purpose of statement given u/s 27 of the Act...........
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..........
Civil Procedure Code, 1908, Order 41, Rule 27, 28 -- Additional evidence - Appellate Court should have taken the additional evidence on record or direct trial Court to take such evidence and send it when taken and it could have specified the points to which additional evidence was to be confined - Only for the reason that additional documents had been taken on record, it..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Will - Plaintiff by way of additional evidence sought to summon thumb impression register from office of Sub-Registrar - However, plaintiff failed to prove the sound disposing state of mind of testatrix at the time of execution of Will and suspicious circumstances surrounding..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 395, 364A, 506, 324, Arms Act, 1959, Section 25(1B)(a), 27 -- Bail - On the medical grounds - Offence u/ss 395, 364-A, 506, 324 IPC and Ss.25(1-B)(a), 27 of Arms Act - Nothing on record to show that health condition of petitioner had worsened at any point of time to release him on bail -..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Disclosure statement - Statement of accused that `I may get discovered murder weapon used in the incident', does not indicate or suggest that accused indicated anything about his involvement in concealment of weapon - It is a vague statement - Mere discovery cannot be..........
