Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - True test while considering application U.O.41.R.27 CPC is whether appellate Court is able to pronounce judgment on materials before it without taking into consideration additional evidence sought to be adduced...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Land acquisition proceedings - Appellant by way of additional evidence sought to bring on record the sale deeds and certified copy of judgment and award passed by Reference Court - Sale deed in question according to appellant has direct bearing on determination of fair market value of..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Standard of test and judgment which is to be finally applied before recording a finding regarding guilt or otherwise of accused is not exactly to be applied at the stage of deciding the matter u/s 227 or S.228 Cr.P.C...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for permanent injunction - Documents which were sought to be produced at appellate stage were mainly public documents - Authenticity and genuineness of said documents was not in dispute - Suit for perpetual injunction is on assertion of settled possession - Hence, these documents..........
Civil Procedure Code, 1908, Section 107, Order 41, Rule 23, 27, 28 -- Remand of case - Court having allowed application U.O.41.R.27 CPC had two options contemplated U.O.41.R.28 CPC i.e either to record evidence itself or to direct Court from whose decree appeal had been preferred to record such evidence - However, despite allowing additional evidence U.O.41.R.27, appellate..........
Work Contract -- Specific performance - Disputed questions of fact arise in the case such as whether in fact goods were manufactured as per specifications or not - In absence of any evidence and material on record and there being disputed questions of facts, High Court ought not to have passed impugned judgment and order directing appellant to continue work order and..........
Rent and Eviction -- Sub letting - Rent Controller dismissed the petition - Appellate Tribunal reversed the decision - High Court in a petition under Article 227 of the Constitution tested the legality of order of Tribunal through the lens of an appellate body and not as a supervisory Court, which is impermissible - Finding of High Court that appellate forum's decision was..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Contention that plaintiffs are not entitled to seek relief in second appeal on the ground that they have not challenged the judgment of trial Court before first appellate Court - Contention not sustainable...........
Criminal Procedure Code, 1973, Section 435 -- Premature release - Case of premature release of a life convict is governed by policy of Government prevailing on the date of judgment of conviction and not by policy which existed on the date of consideration of his premature release...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Method of determination of compensation applying two multipliers is erroneous and run counter to judgment of Pranay Sethi, affirming the judgment in Sarla Verma...........
