Apex Law Journal
Apex Law Journal
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Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Additional Evidence

Tuesday, March 15, 2011
Additional Evidence

Additional Evidence — Whether permissible at apellate stage — Held, additional evidence at appellate stage is permissible, in case of a failure of justice — However, such power must be exercised sparingly and only in exceptional suitable cases where the court is satisfied that directing additional evidence would serve the interests of justice — It would depend upon the facts and circumstances of an individual case as to whether such permission should be granted having due regard to the concepts of fair play, justice and the well-being of society. Such an application for taking additional evidence must be decided objectively, just to cure the irregularity — Criminal Procedure Code, 1973, Section 391 — Civil Procedure Code, 1908, Order 41, Rule 27.

Additional Evidence

Additional Evidence — Held, additional evidence can be taken at the appellate stage in exceptional circumstances, to remove an irregularity, where the circumstances so warrant in public interest — Generally, such power is exercised to have formal proof of the documents etc. just to meet the ends of justice — Criminal Procedure Code, 1973, Section 391 — Civil Procedure Code, 1908, Order 41, Rule 27.

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