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..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder of wife by husband and his parents - Circumstantial evidence - Appeal against conviction - Conviction upheld, as chain of circumstances against accused is complete viz. : (i) Deceased a young bride was brutally murdered within 6 months of her marriage and her body chopped off in two pieces and thrown in the park by..........
Service -- Punjab Civil Services (Judicial Branch) - Appointment - Appellants contended that since they were pursuing the matter for about 8 years and even today there are vacancies, thus case of appellants be considered for existing vacancies - Contention rejected, as appointment to an additional or to existing vacancies would deprive candidates who were not eligible for..........
Education -- Admission to medical college - Permission to admit additional 50 students to MBBS Course - Inspection report as to facilities available in Medical College - Inspection team found large numbers of deficiencies in facilities available in a Medical College and thus permission not granted to admit additional 50 students - High Court considered the report of..........
Criminal Procedure Code, 1973, Section 216, 217 -- Charge - Addition or alteration - With alteration or addition of charge, if any prejudice is going to be caused to the accused in his defence or the prosecutor in the conduct of the case, Court has to proceed with the trial as if it altered or added the original charge by terming the additional or alternative charge as..........
Criminal Procedure Code, 1973, Section 216, 217 -- Charge - Addition or alteration - Even if the charge may be of same species, the provision for adjourning the trial is made to give sufficient opportunity to the accused to prepare and defend himself - Court is to even allow any further witness which Court thinks to be material in regard to the altered or additional..........
Partition -- Compromise during pendency of appeal - Deed of compromise duly signed by parties has been filed by way of an additional affidavit - Appeal disposed of in terms of deed of compromise - Deed of compromise will form part of decree...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Police chose not to send up a suspect to face trial does not affect power of trial Court u/s 319 Cr.P.C., to summon such a person on account of evidence recorded during trial - Application rightly allowed...........
