Criminal Procedure Code, 1973, Section 41 -- Arrest - Non-cognizable offence - Validity - Admittedly, neither warrant issued nor order passed by Magistrate permitting arrest - Hence, arrest of applicant by exercising power u/s 41 Cr.P.C. is completely illegal...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Additional evidence which plaintiff intends to produce on record is not required by this Court for purpose of adjudication of case - Incidentally, it is not the case of plaintiff that either of Courts below refused to admit evidence which is now intended to be produced by way of..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case - Suit for permanent injunction - Both the parties claiming right over suit property by virtue of sale deeds in their favour - High Court committed error in dismissing appeal against ex parte decree passed by trial Court and relegating defendants to file a fresh suit - Since both the parties claiming right..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand of case - Suit for declaration - High Court while dismissing the appeal and suit as partly decreed by Trial Court held that plaintiff was not able to prove his title to land in suit due to no, examination of his vendor - All that High Court in such circumstances should have done was to remand the case to trial Court..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Land acquisition proceedings - Neither Trial Court refused to receive the evidence nor it can be said that evidence sought to be adduced was not available despite the exercise of due diligence - Evidence not necessary to pronounce the judgment - Additional evidence cannot be permitted to fill the lacuna..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Can be considered at the time of hearing of appeal...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case for recording additional evidence - Application for additional evidence dismissed by High Court as not pressed - Such order was passed after arguments were heard on behalf of parties and it attained finality - Proceedings which were closed by said order cannot be collaterally opened subsequently on the ground..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC is not to be restored to in normal course - It is for the Court to come to conclusion that evidence is not sufficient for it to adjudicate the issue and decide the same on merits and where trial Court had not allowed such evidence to come on record and for..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - At appellate stage - Permissibility - Evidence relating to subsequent happening or events which are relevant for disposal of appeal is permissible - But is not open to any party at the stage of appeal to make fresh allegations and call upon other side to admit or deny the same - Hence, additional..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 41, Rule 1(r) -- Appeal - Ex parte injunction order - Provisional, temporary or interim order rendered U.O.39.Rr.1, 2 CPC is appealable U.O.41.R.1(r) CPC - However, aggrieved person can also recall such ex parte interim injunction order...........
