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1. Chandra Bhan VS Pamma Bai - 10 Feb 00

of evidence-Not justified. ... -Section 100-Second appeal-Concurrent findings of lower Court-Reversal of findings by High Court on reappreciation ... to him-Concurrent findings of lower Courts that plaintiffs possession not proved -Dismissal of suit-High Court decreeing suit on reappreciation ... On the basis of the evidence adduced by the parties, the trial Court came to the conclusion that plaintiff was not the land owner ... In appeal, under Section 100 of the Code of Civil Procedure the High Court again scrutinised the entire oral and documentary evidence

India - Supreme Court


available on record of participation in commission of gang rape - Aspects of reliability identification parade would fall in arena of reappreciation ... evidence which could be concluded only at time of final appeal - The other contentions as sought to be canvassed by based on DNA ... The police had investigated complaint pertinent aspect is that pending investigation as per prosecution suicidal - corroborative evidence ... if such contentions are considered, the same is required to be considered at the time of reappreciation of the evidence. ... However, we are of the view that such falls in the arena of reappreciation of evidence, ... Further, the detailed reappreciation of evidence is not called for at this stage and even

India - Gujarat

3. Md. Mahiruddin VS State of Bihar - 23 Jul 98

Murder—Appeal against con­viction—Conviction rendered by trial Court on basis of proved circum­stances—Confirmed by High Court on reappreciation ... of evidence — False explanation of appellant supplied missing link in chain of circum­stances which was otherwise complete — Conviction

India - Crimes

4. Uma Shankar VS State of M. P. - 09 Jan 09

Criminal P.C., 1973 -- Ss. 397/401 -- revision before the High Court -- scope is very limited --no reappreciation of evidence can ... of evidence. ... This Court is well aware about the limitation of this Court while exercising the revisional jurisdiction, which does not empower reappreciation ... After framing of charges and also after recording of evidence the offence was found proved

India - Madhya Pradesh

5. Lajo VS Slikhdev Singh - 06 Jan 98

of evidence found eye witnesses not reliable as they failed to explain 5 injuries on person of one accused and fracture of arm of ... 325-Res­pondent No. 1 fired a shot from gun on deceased and other four respondents assaulted P.W. 4 and P.W. 6-High Court in reappreciation ... The High Court on reappreciation of the evidence came to the conclusion that the prosecution has failed to establish that Lal Chand ... The evidence also discloses that accused Harvinder Singh and Ajit were examined by Dr. T.L. ... The trial Court relying upon the evidence of P.W. 4 Ram Sarup, P.W. 6, Ishro, and P.W. 7 Nirmal Singh convicted Sukhdev Singh for

India - Supreme Court

6. S. L. Gopala S/o Lakkegowda VS State of Karnataka - 23 Mar 18

of key witnesses P.Ws.2 and 3, on reappreciation of evidence, High Court altered the conviction as one under 325 I.P.C., ... INDIAN EVIDENCE ACT, 1872 [C.A. ... himself and P.W.2 and that he accompanied P.W.2 to take the injured to the hospital - in view of this manifest contradiction in evidence ... Indisputably, as per the evidence of PW-2 complainant S.B. ... PW-19 Nanjegowda in his evidence has stated that he knew deceased Puttegowda. ... of PW-2 corroborates with the evidence of PW-19 to prove the charges against the deceased.

India - Karnataka

7. Jitendra Prasad VS State of Bihar - 17 May 19

is no illegality or irregularity in conduct of entire disciplinary proceedings leading to passing of final order of punishment – Reappreciation ... or entering into issue of reliability of evidence or interfering, if there be some legal evidence on which findings can be based ... of evidence is not permissible in exercise of jurisdiction under Article 226 of Constitution of India – Writ petition dismissed. ... into the issue of reliability of evidence or interfering, if there be some legal evidence on which the findings can be based or ... the question of adequacy of the evidence or the reliable nature of the evidence will not be grounds for interfering with the findings ... If the enquiry has been fairly and properly held and the findings are based on evidence,

India - Patna

8. M. Rangasamy VS Rengammal - 25 Aug 03

Court-High Court in second appeal set aside lower appellate Court judgment holding that settlement deed had not been proved-Appeal-Reappreciation ... of evidence was not permissible in exercise of jurisdiction under Section 100 CPC-High Court committed glaring illegality holding that settlement deeds were not proved for want of evidence in terms of Section ... Further, on reappreciation of evidence, the testimony of Sub-Registrar (DW6) who had registered the two documents was also discarded ... Section 68 of the Indian Evidence Act deals with proof of execution of document required by law to be attested. ... The High Court has come to the conclusion that Exhibits B-6 and B-7 are not valid documents for lack of evidence in proof thereof

India - Supreme Court

9. State of Karnataka By Harohalli Police Station VS Ramamurthy S/o Durgegowda - 03 Feb 20

not inspire confidence of the Court - Oral and documentary and on reappreciation of evidence, we do not find any material to come ... It is evident from evidence of PW.5 to PW.8 there was dispute among accused and others and a complaint has been lodged with regard ... When rivalry is being emerged before trial Court, the trial Court has rightly come to conclusion that evidence of PW.5 to PW.8 does ... available on record, both oral and documentary and on reappreciation of the evidence, we do not find any material to come to other ... to evidence of PWs.2, 5, 7 and 8. ... The evidence of PWs.5 to 7 are similar.

India - Karnataka

10. Budhu VS Tulsi - 02 Dec 08

Tenancy and Land Reforms Act, 1872 - Reappreciation of evidence - Question of facts cannot be gone into in the second appeal, which ... decree passed by the trial Court - The appellate Court affirming the findings of the trial Court and after reconsidering entire evidence ... any manner determining its legal effect, definitely raise a substantial question of law and does not amount to re-appreciation of evidence ... and was admissible in evidence. ... Indian Evidence Act, though they are not conclusive proof of the matters admitted. ... The evidence on record was insufficient to establish this plea.

India - Himachal Pradesh

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