Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Once Court allowed application u/s 391 Cr.P.C, Appellate Court was not justified in dismissing main appeal in which said application was filed, as interlocutory order allowing application would not survive independently once main appeal was dismissed...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application for additional evidence should be considered and decided while hearing appeal on merits...........
Civil Procedure Code, 1908, Order 41, Rule 27(b), 25 -- Additional evidence at appellate stage - Once first appellate Court allowed application U.O.41.R.27(b) CPC by coming to conclusion that document supporting legal plea of defendant should be allowed to be adduced as additional evidence, it rightly allowed the appeal and remanded subject suit to trial Court for fresh..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Right of pre-emption - Sale deed has come in existence during pendency of present 1st appeal and it was never sought to be produced before 1st appellate Court despite the fact that after its execution, 1st appeal remained pending decision for about 4 years and 9 months - Moreover, it is not mentioned or..........
Civil Procedure Code, 1908, Order 41, Rule 27, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Additional evidence at appellate stage - Provision of O.41.R.27 CPC is applicable to appeal filed u/s 108 r/w O.43.R.1(r) CPC...........
Civil Procedure Code, 1908, Order 41, Rule 27, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Additional evidence at appellate stage - Application decided at a stage prior to consideration of appeal on merits - Satisfaction that proposed additional evidence was required for deciding appeal in a satisfactory manner by Appellate Court not manifested in impugned order of..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appeal decided without deciding application for additional evidence - Where application for additional evidence is filed during pendency of appeal, it is incumbent upon appellate Court to consider and decide the same at the time of final decision of appeal on merits as to whether..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - To produce original Will, primary evidence - Appellate Court to permit production of any document, which would help Court to pronounce judgment or for any other substantial cause - Such power is to advance the cause of justice - First Appellate Court erred in refusing to allow..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 307, 449, 326, 325 -- Suspension of sentence during pendency of appeal against conviction - Murder - Accused named in FIR but not charge sheeted by investigating agency and was summoned as an additional accused - There are manifest loopholes in prosecution case regarding recording of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence during pendency of appeal filed against order of conviction - To prove statement of accounts and books of account - Income tax return sought to be produced in additional evidence could have been proved during trial by summoning record from..........
