Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Examination of handwriting expert - Expert not examined inspite of grant of opportunity at the time of defence evidence - Accused in his examination u/s 313 Cr.P.C. pleaded that he is not interested to lead defence..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced pertaining to criminal proceedings being First Report (F.R.) against petitioner - Petitioner was not aware of filing of F.R. and its acceptance by criminal Court, therefore it cannot be said that he did not act with due diligence in approaching the..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Admittedly, document reveals that document was of the period prior to filing of the suit - No reason offered by plaintiff for not producing the same during the course of trial - Even, no reference of said document has been made either in plaint or in evidence - Moreover, said document..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Ample opportunities were granted to plaintiffs to lead their evidence but they failed to do so - Moreso, said evidence was already in the knowledge of plaintiffs and was available with them at the appropriate stage - Application rightly rejected...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Parties are not allowed to fill the lacunae at the appellate stage - It is against the spirit of the Code to allow a party to adduce additional evidence without fulfillment of either of the three conditions mentioned in O.41.R.27 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Allowed - High Court, in revision set aside the order - Held, when appeal is pending before lower appellate Court, impugned order passed by High Court cannot be upheld - However, first appellate Court to decide application for additional evidence afresh in the light of observations..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Document sought to produced by way of additional evidence was in the knowledge of applicant, but no effort was made to bring it on record before trial Court - It is not open to applicant at the appellate stage, to make fresh allegations and call upon other side to admit or deny the..........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 27 -- Additional evidence at appellate stage - Before Admission of appeal or before initiation of hearing of appeal - Cannot be allowed...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Evidence cannot be admitted in appeal on the ground that earlier in Lower Court appeal, evidence could not be adduced because of wrong legal advice, as evidence in appeal can be admitted only on three grounds mentioned in O.41.R.27 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - If evidence was already available with appellants but was not filed knowingly, such evidences cannot be accepted in appeal U.O.41.R.27 CPC...........
