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Checking relevance for Rama Kt. Barman (Died) Thr. LRS. VS Md. Mahim Ali...
Rama Kt. Barman (Died) Thr. LRS. VS Md. Mahim Ali - 2024 0 Supreme(SC) 730 : An appellate court cannot frame additional substantial questions of law or introduce new issues without allowing the parties an opportunity to present evidence on those issues. The framing of additional issues must be based on existing pleadings, and procedural fairness requires that parties be given a fair chance to respond to any new legal questions raised on appeal. This principle ensures that parties are not prejudiced by unforeseen legal arguments or issues they were not given a chance to address.Checking relevance for Raghavendraswamy Mutt VS Uttaradi Mutt...
Raghavendraswamy Mutt VS Uttaradi Mutt - 2019 0 Supreme(SC) 1932 : Additional issues can be framed under the following circumstances: when the court allows additional evidence to be produced, particularly in cases where the appellant seeks to introduce new documents or evidence not previously available. The High Court may frame specific points for determination by the first appellate court concerning the authenticity, genuineness, and contents of such additional evidence. This includes assessing whether the documents are spurious, concocted, or fraudulently obtained. Furthermore, the court may also frame issues regarding the effect of findings on the original issues framed in the main proceedings. These directions are issued pursuant to the provisions of Order XLI Rule 27 of the Code of Civil Procedure, 1908, and are applicable when the appellate court determines that the introduction of additional evidence is necessary for a just decision, especially where it relates to substantial questions of law.Checking relevance for Suresh Lataruji Ramteke VS Sau. Sumanbai Pandurang Petkar...
Suresh Lataruji Ramteke VS Sau. Sumanbai Pandurang Petkar - 2023 8 Supreme 194 : Additional issues (substantial questions of law) can be framed at the time of hearing in a second appeal under Section 100 of the Civil Procedure Code, 1908, but only if the court provides the parties with an adequate opportunity to address them. The court must hear the parties on any newly framed, altered, or additional questions. This is mandated by Section 100(5) CPC, which allows for the framing of additional questions during hearing, provided the parties are given time to meet such questions. The purpose of framing such questions is to ensure parties are given a fair opportunity to prepare and argue on them. Failure to do so renders the proceedings patently illegal. The court may frame additional questions only in exceptional circumstances, and such framing must be followed by a proper hearing. The court must not proceed to decide the appeal without giving parties adequate time to address all questions, including those framed at the time of hearing.Checking relevance for Kantaru Rajeevaru VS Indian Young Lawyers Association...
Checking relevance for Uttaradi Mutt VS Raghavendra Swamy Mutt...
Uttaradi Mutt VS Raghavendra Swamy Mutt - 2018 0 Supreme(SC) 938 : Additional issues can be framed by the appellate court when it allows the production of additional evidence under Order XLI Rule 27 of the Code of Civil Procedure, 1908, particularly where such evidence is required to answer the subject matter of the case and to pronounce judgment on material issues. The appellate court may frame the issues and refer them for adjudication before the First Appellate Court, especially when remanding a matter. This is permissible under Rule 28 of Order XLI, which allows the appellate court to direct the First Appellate Court to record additional evidence and return it with findings. The court must specify the points to which the evidence is to be confined, as required by Rule 29. The High Court, in this case, was directed to frame points on which additional evidence could be adduced and to direct the First Appellate Court to record such evidence, including determining the genuineness, authenticity, and contents of the documents, before returning the evidence with findings to the High Court for final decision.Checking relevance for Sathyanath VS Sarojamani...
Sathyanath VS Sarojamani - 2022 5 Supreme 268 : Additional issues can be framed as preliminary issues under Order XIV Rule 2 of the CPC only when they fall within the ambit of (a) the jurisdiction of the court or (b) a bar to the suit created by any law for the time being in force. The plea of res judicata, which is a mixed question of law and fact depending on pleadings, parties, and records, cannot be decided as a preliminary issue if it involves disputed questions of fact or mixed questions of law and fact. However, res judicata may be determined as a preliminary issue in appropriate cases where neither a disputed question of fact nor a mixed question of law and fact arises—specifically when the issue can be decided based on admitted facts, pleadings, and judgments from previous suits already on record. The trial court must record findings on all issues to prevent remand and ensure finality, and the framing of preliminary issues is not desirable when it defeats the object of speedy disposal of the suit. The High Court’s direction to frame a preliminary issue on res judicata is not sustainable if it leads to piecemeal trial, protracted litigation, or possibility of remand.
