Civil Procedure Code, 1908, Order 41, Rule 27, Motor Vehicles Act, 1988, Section 166 -- Additional evidence at appellate stage - Accident - At a very belatedly stage, insurance company wants to avoid its liability to pay compensation coming up with a plea that respondent No.1 was not having a valid and effective during licence at the time of accident, which was available..........
Civil Procedure Code, 1908, Order 41, Rule 28 -- Additional evidence at appellate stage - Mode of taking - First appellate Court after allowing of additional evidence may either record same of its own or direct trial Court to record it or send same to it - Instead of following procedure U.O.41.R.28 CPC, first appellate Court adopted a shortcut method to dispose of appeal..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellant stage - Dismissal of appeal without deciding application U.O.41.R.27 CPC is not proper - Judgment and decree of first Appellate Court set aside - Matter remitted back to Appellate Court for decision afresh...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Documents sought were in knowledge and in possession of petitioners but they did not adduce the same - No case is made out for grant of opportunity for additional evidence - Application dismissed...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Sought to be produced at the stage when case was reserved for pronouncement of judgment - Suit pending for the last 12 years - No specific averments made in application as to why despite due diligence documents intended to be produced as additional evidence could not be filed at the time of leading evidence -..........
Consumer Protection Act, 1986, Section 12, Civil Procedure Code, 1908, Order 41, Rule 27 -- Consumer dispute - Additional evidence at appellate stage - Documents came into existence after filing of appeal before State Commission - Documents are relevant to establish the case of appellants - In absence of these documents, appellants would not be in a position to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Additional grounds to resist eviction - Amendment sought before commencement of evidence of rival parties - Application cannot be rejected by entering into merits of amendment - Amendment allowed...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Persons named in FIR but not implicated in charge sheet can be summoned to face trial, even if stage of giving opportunity to complainant to file a protest petition urging upon trial Court to summon other persons as well who were named in FIR but not implicated in charge sheet has gone,..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Statement of PWs before Court can be said to be `evidence' during trial within the meaning of word `evidence' used u/s 319 Cr.P.C, therefore, on the basis of same, persons against whom no charge sheet is filed can be summoned to face trial...........
Criminal Procedure Code, 1973, Section 391, Negotiable Instruments Act, 1881, Section 138 -- Additional evidence at appellate stage - Dishonour of cheque - Second application moved by accused u/s 391 Cr.P.C on the same issue without any material change after 7 months of rejection of first application u/s 391 Cr.P.C - However, Appellate Court proceeded to allow the..........
