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 the case and evidence has a direct and important bearing on the main issue in the suit, such application may be allowed - It depends upon whether appellate Court requires evidence sought to be adduced to enable..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Partition suit - Defendant in spite of due diligence could not produce these documents before trial Court - Had these documents were placed before trial Court, it would arrive at a just conclusion on main issue of plaintiff's share in suit property - Appellate Court would require this..........
Indian Penal Code, 1860, Section 411, Evidence Act, 1872, Section 27 -- Offence u/s 411 IPC - Disclosure statement - Recovery of money, jewellery etc. - Independent seizure witnesses who were allegedly present during seizure/recovery of stolen articles from the house of accused `M' having turned hostile and not supported prosecution case - Standalone evidence of I.O on..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - When contents of documents sought to be produced are not in dispute and their admissibility is also not in doubt, documents can be received in evidence without insisting on formal proof...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 392, 397, 201, Arms Act, 1959, Section 27, 25(4), Maharashtra Police Act, 1951, Section 37(1)(3), 135 -- Bail - Murder - Deceased was killed in brutal manner by cutting her body parts and thrown at different places - Body parts recovered were completely decomposed - Prima facie it appears..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be proved on record by way of additional evidence are extremely relevant material having bearing on issues involved in the case for determining rights of parties - Application filed by plaintiff U.O.41.R.27 CPC was required to be adjudicated upon by first appellate..........
Special Marriage Act, 1954, Section 25, 27 -- Annulment of marriage - Non-consummation of marriage - None of parties are willing to cohabit and there was no independent evidence of husband to show that marriage was consummated - Parties are living separately for almost 10 years and husband did not file any application for restitution of conjugal rights - More so,..........
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...........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25(1)(A), 27(2) -- Murder - Gunshot injury - Testimony of sole eye witness/PW3 is not free from embellishments, nor is corroborated by any other evidence - Auto rickshaw driver who took deceased to hospital has not been examined in Court - Prosecution is not able to link weapon with accused - There was no..........
Criminal Procedure Code, 1973, Section 197, Drugs and Cosmetics Act, 1940, Section 18(c), 27(b)(ii), Drugs and Cosmetics Rules, 1945, Rule 123 -- Sanction for prosecution - Offence u/ss 18(c), 27(b)(ii) of the Act - Sanction for prosecution prima facie appears to be suffering from vice of non-application of mind - There is no reference to any of documents, evidence or..........
