Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate Court erred in considering application U.O.41.R.27 CPC at a stage prior to actual final hearing of appeal - Impugned order of Appellate Court set aside - Application restored for fresh consideration by Appellate Court...........
Civil Procedure Code, 1908, Order 41, Rule 27(aa) -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC is to be considered at the time of final hearing of appeal - Court at the stage of commencement of appeal, without hearing both the parties cannot conclude whether additional evidence is required to enable Court to pronounce judgment - Impugned order of..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - No limitation is prescribed before Appellate Court to entertain an application - Objection of complainant that application was filed by accused after about 4 years of filing of appeal is not sustainable...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced not germane to dispute in appeal - Documents thus not required for disposal of appeal - Application dismissed - However, it is open to parties to produce these documents at time of trial if they are so advised...........
Land Acquisition Act, 1894, Section 23, Civil Procedure Code, 1908, Order 41, Rule 27 -- Acquisition of land - Determination of compensation - Consideration of previous awards/judgments - At the stage of appeal if award/judgment has to be read in evidence an application has to be filed U.O.41.R.27 CPC, to take additional evidence on record and if it is allowed opposite..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Stage of consideration - Even if an application for additional evidence is filed during pendency of appeal, it has to be heard at time of final hearing of appeal i.e at the stage when it is possible for Court to reach to a conclusion after appreciating evidence already on record that..........
Land Acquisition Act, 1894, Section 23(IA), Mizo District (Agricultural Land) Act, 1963, Section 4, 11, Mizo District (Agricultural Land) Rules, 1971, Rule 2, 4 -- Acquisition of land - Additional interest on compensation - Grant of - Government owner of land - Claimants/respondent nos.1 to 4 are only allotment holder of land for agricultural purpose for limited periods..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Normally, such application has to be taken along with appeal...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - It cannot be said that there is no relevance to the document in question - Appellate Court directed to take up said application and dispose of the same along with appeal...........
Criminal Procedure Code, 1973, Section 311, 315, 391 -- Calling of witnesses in appeal - Additional evidence can only be allowed to be taken if the Court feels that recording thereof is essential for just decision of the case - Dismissal of application by holding that evidence of such witnesses was not at all essential for just and correct decision of the case but rather..........
