Criminal Procedure Code, 1973, Section 41(1)(c) -- Proclaimed offender - Not to be arrested on his way to appear and surrender in the trial Court on or before 04.08.2016...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Court should allow the party to file such additional evidence, if applicant is able to satisfy Court that there is justifiable reason for not filing such evidence at the trial stage and that additional evidence is relevant and material for deciding the lis...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Once additional evidence is allowed then appellate Court is under obligation to give opportunity to the other side to file additional evidence by way of rebuttal...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Allowed for the reason : (i) It was averred in application as to why additional evidence could not be filed in the suit; and that (ii) why there was delay on their part in filing such evidence at appellate stage; (iii) averments in application were supported with an affidavit, which..........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- First appeal - Scope - When appellate Court had come to conclusion that plaintiff had no locus to file the suit, then it could not have adjudicated upon merits of case in appeal...........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 27 -- Additional evidence at appellate stage - Appeal against decree passed in favour of plaintiff by first appellate Court - Plaintiff himself volunteered to file an application U.O.41.R.27 CPC to enable him to adduce evidence at appellate stage - Sufficient to hold that decree passed by First Appellate Court cannot..........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 27 -- Additional evidence at appellate stage - Appeal against decree passed in favour of plaintiff by first appellate Court - Once plaintiff files an application claiming that additional evidence at appellate stage should be permitted, he accepts the situation that evidence on record is not sufficient to justify a..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96, 41(2) -- Condonation of delay - Sufficient cause - Defendants not present when decree was passed against them and they came to know about it only when notice of execution was served upon them - No malafide intention - Delay of 1 year, 9 months and 8 days rightly, condoned...........
Criminal Procedure Code, 1973, Section 41, 41A, Constitution of India, 1950, Article 21 -- Arrest and detention - Arrest of two ladies, a doctor and a practicing Advocate - Number of violations in the arrest and seizure - Circumstances in no case justify the manner in which petitioners were arrested - Violation of Article 21 of the Constitution as petitioners were..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Court below being first Appellate Court is Court of both fact and law, therefore, it shall decide controversy, instead of prolonging lis by repeated remand of case - Remand will mean needless expenditure and prolonged consumption of time - Unwarranted order of remand gives litigant undeserved lease of life and..........
