Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate court has the power to allow additional evidence not only if it requires such evidence `to enable it to pronounce judgment' but also for `any other substantial cause'...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Circumstances under which additional evidence can be adduced are : (i) the court from whose decree the appeal is preferred has refused to admit evidence which ought to have been admitted; (ii) the party seeking to produce additional evidence, establishes that notwithstanding the..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - If two views are possible on the evidence adduced in the case, one pointing to the guilt of accused and the other to his innocence, then view which is favourable to the accused should be adopted - In appeal impugned judgment to be interfered only if there are compelling and substantial reasons for..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Medical negligence - Wrong diagnosis - Respondent OP has not followed the usual and normal practice of conducting certain minimum tests before zeroing on the diagnosis - The course adopted by him to abruptly decide on the diagnosis and commence the treatment would not normally be followed by any professional man of ordinary..........
Succession Act, 1925, Section 263 -- Probate - Judgment rendered in a probate proceeding is a judgment in rem - However, it is not determinative of the question of title - If probate is obtained by fraud or suppression of material fact it is subject matter of revocation...........
Evidence Act, 1872, Section 13, 40 -- Judgment in previous suit not between the parties - Will in question proved in earlier suit against the natural heirs - Does not require to be proved again - Judgment and decree of the previous suit though not inter parties is admissible in evidence and the Will in question in favour of mortgagors, does not require to be proved again...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Scooter booking - Non delivery of despite deposit of full amount - Mismanagement in appellant society offered as explanation to justify the delay - Order of the District Forum directing refund of money to respondent upheld - Since payment not made within two months from the date of Judgment liable to pay interest @ 12% p.a...........
Civil Procedure Code, 1908, Section 144 -- Restitution - Auction purchaser when decree holder and a stranger - Difference - Decree holder auction purchaser is bound to return the property when decree is reversed - If property is purchased by a bonafide purchaser who is stranger to the Court proceedings, the sale in his favour is protected and he cannot be asked to..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admission need not be made expressly in the pleadings - Even on constructive admission the Court can proceed to pass a decree in plaintiff's favour U.O.12 Rule 6 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 102 -- Transferee pendente lite - Person purchasing property from the judgment debtor during the pendency of suit has no independent right to property to resist execution of a decree...........
