Civil Procedure Code, 1908, Section 151 -- Additional evidence - Sought to be produced at the stage when case was reserved for pronouncement of judgment - Suit pending for the last 12 years - No specific averments made in application as to why despite due diligence documents intended to be produced as additional evidence could not be filed at the time of leading evidence -..........
Criminal Procedure Code, 1973, Section 235(2) -- Hearing on sentence - Hearing on the same day of pronouncement of judgment - As long as spirit and purpose of S.235(2) Cr.P.C. is met, inasmuch as the accused is afforded a real and effective opportunity to plead his case with respect to sentencing, whether simply by way of oral submissions or by also bringing pertinent..........
Civil Procedure Code, 1908, Section 33, Order 20, Rule 1 -- Civil Rules of Practice and Circular Orders, 1980, Rr.66, 101, 142 - Pronouncement of judgment on a future day - If the judgment is to be pronounced on a future day, same shall be done within 30 days and shall not ordinarily be a day beyond 60 days from the date on which the hearing of the case concluded...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Defendant wants to amend written statement after pronouncement of judgment that he has come to know that father of plaintiff has executed registered Will - Cross-examination of plaintiff states that defendant had made suggestion to plaintiff that Will has been executed by his father, meaning..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319 Cr.P.C. empowering Court to take appropriate steps for proceeding against any person, not being an accused, at any time after charge sheet is filed and before pronouncement of judgment, except during stage of Ss.207/208 Cr.P.C., the committal etc., which is only a pre-trial stage intended..........
Criminal Procedure Code, 1973, Section 353, 354 -- Pronouncement of judgment in open Court - Meaning - Trial judge may not read operative part of judgment but it does not in any way suggest that result of case would be announced and judgment would not be available on record - Non-availability of judgment, can never be a judgment, as without pronouncement of a judgment in..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of issues - Court has power to alter issues at any time before pronouncement of judgment - But, when a party seeks for amendment of issues or recasting of issues, it is incumbent on party to show as to how Court has not properly dealt the facts affirmed by one party and denied by another party while framing issues...........
Civil Procedure Code, 1908, Section 152 -- Scope - S.152 of CPC can be invoked for limited purpose of correcting clerical errors or arithmetical mistakes in judgment - It does not contemplate passing of effective judicial orders after pronouncement of judgment, decree or order...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Acquisition proceedings - Applicant by way of additional evidence sought certain documents on the issue of land user of premises i.e whether it is residential or commercial - Said documents might have a bearing on final pronouncement, thus it cannot be rejected, merely on the ground..........
Review Petition -- Maintainability - Five-Judge Bench delivered judgment in matters involving an identical issue - Majority view has not taken into consideration some binding precedents - There was no discussion among the members of the Bench before pronouncement of the judgment - Therefore, matters be heard afresh - Review Petition allowed...........
