SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1975 Supreme(Guj) 120

S.H.SHETH
CHUDASMA JASUBHA MANUBHA – Appellant
Versus
CHUDASMA RAISINH BAPUBHA – Respondent


Advocates Appeared: H.V.CHHATRAPATI, KETTY A.MEHTA, M.H.CHHATRAPATI

S. H. SHETH, J.

( 1 ) IN MADAMANCHI RAMAPPA AND ANOTHER V. MUTHALURU BOJJAPPA A. I. R. 1963 S. C. 1633. Mr. Chhatrapati has filed on behalf of the plaintiffs an affidavit to which are annexed copies of certain documents. He prays far taking additional evidence on record. According to him that evidence shows that what the defendants have stated in their evidence is false. The question which has arisen is whether it is open to this Court in a Second Appeal to take additional evidence. On the question whether additional evidence can be taken or not in a second Appeal there are two schools of thought. In P. V. SUBBA RAJA V. S. S. NARAYANA RAJA AND OTHERS A. I. R. 1954 MADRAS 1074 Mr. Justice Krishnaswami Nayudu after having reviewed a number of decisions has held that the circumstances under which a second appellate Court may determine an issue of fact are limited to the conditions arising under sec. 103 which makes the position clear that so far as evidence is concerned on which an issue of fact may be determined the evidence on record must be sufficient to enable the High Court to decide the question of fact. According to him it necessarily implies that it as ordinarily not competent



Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top