November 2018

October 2018

August 2018

April 2018

Additional evidence at appellate stage—Moving of an application under Section 151 CPC would also not prevent a court from exercising its power under Order 41 Rule 27 CPC in the interest of justice.

By | April 29th, 2018|Additional Evidence|

Comments Off on Additional evidence at appellate stage—Moving of an application under Section 151 CPC would also not prevent a court from exercising its power under Order 41 Rule 27 CPC in the interest of justice.

Indian Penal Code, 1860, S.376–Rape–Additional Evidence-After the closure of defence evidence the accused could not be permitted to tender documents

By | April 25th, 2018|Additional Evidence|

Comments Off on Indian Penal Code, 1860, S.376–Rape–Additional Evidence-After the closure of defence evidence the accused could not be permitted to tender documents

Criminal Procedure Code, 1973, S.311–Recalling of witness-The witnesses cannot be recalled and re-examined to fill up the lacuna—A lacuna in the prosecution must be understood as the inherent weakness and cannot be filled up by the prosecution/complainant.

By | April 18th, 2018|Additional Evidence|

Comments Off on Criminal Procedure Code, 1973, S.311–Recalling of witness-The witnesses cannot be recalled and re-examined to fill up the lacuna—A lacuna in the prosecution must be understood as the inherent weakness and cannot be filled up by the prosecution/complainant.

Defendant had no occasion to lead any evidence to rebut the additional evidence led by plaintiffs—Defendants held entitled to lead their additional evidence in order to rebut the evidence led by plaintiffs.

By | April 8th, 2018|Additional Evidence|

Comments Off on Defendant had no occasion to lead any evidence to rebut the additional evidence led by plaintiffs—Defendants held entitled to lead their additional evidence in order to rebut the evidence led by plaintiffs.

February 2018

Civil Procedure Code, 130B, O.18 R.17–Recalling of witness-Petitioner contended that what he said was inadvertently and wrongly recorded

By | February 28th, 2018|Additional Evidence|

Comments Off on Civil Procedure Code, 130B, O.18 R.17–Recalling of witness-Petitioner contended that what he said was inadvertently and wrongly recorded

Additional evidence at appellant stage—If appellant court records finding that trial court has not framed issues properly and clearly then appellant court is empowered under O.41 R.25 CPC to re frame the issues and allow the parties to lead evidence and then dispose of appeal accordingly,

By | February 25th, 2018|Additional Evidence|

Comments Off on Additional evidence at appellant stage—If appellant court records finding that trial court has not framed issues properly and clearly then appellant court is empowered under O.41 R.25 CPC to re frame the issues and allow the parties to lead evidence and then dispose of appeal accordingly,

There is a legal imperative that the Court passes an order in application under Order 41 Rule 27 CPC along with the appeal and not independently thereof.

By | February 25th, 2018|Additional Evidence|

Comments Off on There is a legal imperative that the Court passes an order in application under Order 41 Rule 27 CPC along with the appeal and not independently thereof.

January 2018

October 2017

June 2017

May 2017

Civil Procedure Code, 1908, S.151–Additional Evidence-Neither the petitioner reserved his right to lead evidence in rebuttal as per Order 18 Rule 3 CPC nor he could make out a special case, which may entitle him to lead additional evidence at this stage-

By | May 2nd, 2017|Additional Evidence|

Comments Off on Civil Procedure Code, 1908, S.151–Additional Evidence-Neither the petitioner reserved his right to lead evidence in rebuttal as per Order 18 Rule 3 CPC nor he could make out a special case, which may entitle him to lead additional evidence at this stage-

Additional Evidence at Appellant Stage—Having impleaded the appellants as parties in the first appeal, in terms of Order 41 Rule 27, the High Court ought to have afforded an opportunity to the appellants to adduce oral and documentary evidence and make their submissions.

By | May 1st, 2017|Additional Evidence|

Comments Off on Additional Evidence at Appellant Stage—Having impleaded the appellants as parties in the first appeal, in terms of Order 41 Rule 27, the High Court ought to have afforded an opportunity to the appellants to adduce oral and documentary evidence and make their submissions.

April 2017

Additional Evidence—In case the Court comes to the conclusion that additional documents are necessary for just decision of the case even before pronouncement of the judgment then also the additional evidence can be allowed by the Courts.

By | April 12th, 2017|Additional Evidence|

Comments Off on Additional Evidence—In case the Court comes to the conclusion that additional documents are necessary for just decision of the case even before pronouncement of the judgment then also the additional evidence can be allowed by the Courts.

March 2017

February 2017

January 2017