Motor Vehicles Act, 1988, Section 173, Bihar Motor Vehicles Rules, 1992, Rule 249, Civil Procedure Code, 1908, Order 41, Rule 22 -- Award passed by Motor Vehicles Tribunal - Appeal by Insurance company - Cross-objections by claimants - Entire award awarded by Tribunal was challenged by Insurance Company - Claimants were also impleaded as party respondents to said appeal -..........
Motor Vehicles Act, 1988, Section 173, Bihar Motor Vehicles Rules, 1992, Rule 249, Civil Procedure Code, 1908, Order 41, Rule 22 -- Appeal - Cross-objection - There is no restriction on right to appeal of any of parties as per provisions in question - Any party aggrieved by any part of award would be entitled to prefer an award - Any respondent though he may not have..........
Civil Procedure Code, 1908, Order 41, Rule 25 -- Remand - Trial Court directed to get correct map prepared and thereafter dispose of issues but First Appellate Court neither set aside judgment nor directed trial Court to return findings and reasons therefor - Further, first Appellate Court instead of fixing any time has disposed of appeal which could not have been done by..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Where additional evidence sought to be adduced removes cloud of doubt over case and evidence has a direct and important bearing on main issue in the suit and interest of justice clearly render it imperative that it may be allowed to be permitted on record, such application may be..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Stage for appellate Court has not reached to form an opinion whether document sought is an essential document for arriving at a just decision in the case or not - Appellate Court was required to consider this aspect of matter before coming to conclusion as to whether application filed..........
West Bengal Premises Tenancy act, 1956, Section 17(2), Civil Procedure Code, 1908, Order 41, Rule 23A -- Eviction petition - Remand of case - First appellate Court did not even discuss evidence on record - Even, first appellate Court did not care to turn to pages of depositions and documentary evidence on record while disposing of appeal mechanically - Moreover, evidence..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appeal dismissed without deciding application U.O.41.R.27 CPC - Impugned order set aside - Matter remitted back to appellate Court to decide appeal afresh on merits along with application U.O.41.R.27 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC will be considered at the time of hearing of appeal, even if filed during pendency of appeal...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Application U.O.41.R.27 CPC for permission to lead additional evidence - Can be allowed only in accordance with the parameters laid down in O.41.R.27 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - No plausible reason has been given as to why the evidence which is now sought to be produced, could not be produced during pendency of the suit or before the first appellate Court - Hence, no ground to grant permission to lead additional evidence - Application dismissed...........
