Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Rape - Accused by way of additional evidence summoned Deputy Commissioner of police on the ground that he had purportedly recorded video of crime scene in his mobile phone - However, when prosecution states that police team had visited scene of crime, plea to examine Deputy Commissioner..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Complainant seeking to produce additional evidence - Complainant had every opportunity to place such evidence before authorities during investigation as well as during trial - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application must be disposed of along with appeal - However, appellate Court dismissed the application pending disposal of appeal, which is against law - Impugned order of set aside - Matter remanded for decision afresh in accordance with law...........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Three doctors sought to be summoned by complainant were already mentioned in the list of witnesses filed along with challan - Application for summoning those witnesses were allowed by trial Court, however, on account of their incomplete address those witnesses could not be served and..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate failed to make out case U.O.41.r.27 CPC for taking additional evidence on record - Even, he failed to prove relevancy of document which is sought to be filed along with application - Application rightly rejected...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Mere fact that certain evidence is important per se is not in itself a sufficient ground for admitting that evidence in appeal...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Failure to mention the provision - However, application come within ambit of provision of O.41.R.27 CPC - That alone cannot take the application out of ambit of provision of O.41.R.27 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 27, Civil Procedure Code, 1908, Order 26, Rule 9 -- Additional evidence at appellate stage - Remeasurement of land - Trial Court appointed Court Commissioner but his report was rejected as he did not follow proper procedure at the time of conducting measurement - If Appellate Court agrees with the finding of trial court about non..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate Court should record its reasons for admitting additional evidence - Mere reference to peculiar circumstances of case, or mere statement that evidence is necessary to pronounce judgment or that additional evidence is required to be admitted in the interest of justice, or that..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate Court has given no reason whatsoever as to how defendant despite due diligence was not in a position to lead relevant evidence - Before coming to conclusion it was incumbent upon Appellate Court to have given its findings and reasons - Grounds raised in application for..........
