Additional Evidence in Appeal

     Additional Evidence In Appeal.......!

- Basically parties to suit shall produce all evidence before trial court.

                              

- But in following circumstances the parties to an appeal may be permitted to produce additional evidence whether oral or documentary in appeal .

- Where trial court had refused to admit the evidence which ought to have been admitted.

-The evidence was not available to the party despite exercise of due diligence.

- The appellate court required additional evidence which is relevant and material for deciding the rights of the parties which are subject matter of the lis .

- Also such evidence really essential for pronouncement of judgement.

- Merely because the court allowed one party to file additional evidence in appeal would not mean that court has decided entire appeal in his favour but court is under obligation to give opportunity to the other side to file additional evidence by way of rebuttal.

- Application in an appeal for additional evidence may be considered at the time of final hearing of appeal on merits.

= Relevant Provision == 

- Order 41 Rule 27 of C.P.C.

- Order 13 of C.P.C.

= = Judgements =

- Sunil Kumar Maity v/s State Bank of India and And. 2022 S.A.R.460.

 

- Jagdish Prasad Patel (Dead) The.Lrs. & Anr v/s Shivnath & Ors 2019 S.A.R.765.

- Union of India v/s Ibrahim Uddin & Anr 2012 S.A.R.684.

- Union of India v/s K.V.Lakshman 2016 S.A.R.821.

- Harjas Raj Makhija (D) through Lrs v/s Pushparani Jain & Anr 2017 S.A.R.156.

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Death of Complainant in N.I.Act 138 Complaint

   Death of Complaint in Complaint u/s 138 of N.I.Act 1881..... Whether it Abate or Heirs of Complainant proceed it ....?

                                 

- Basically complaint u/s 138 of Negotiable Instruments Act 1881 proceed as per procedure provided in Code Of Criminal Procedure 1973.

- Once magistrate take cognizance of offence u/s 138 of N.I.Act the death of complainant does not affect further trial of complaint.

- Also there is no provision in Cr.P.C. or in the N.I.Act that on account of death of the complainant the trial must abate.

- But after death of complainant the legal heirs of the complainant are entitled to come forward and ask for their substitution in the complaint so as to proceed further with the trial with the permission of the magistrate.

- Even though after death of the original  complainant after filing of an appeal against acquittal or conviction the legal heirs of complainant may with permission of the court proceed an appeal further.

= = Relevant Provision ==

- Section 138 to 148 of N.I.Act 1881.

- Section 256 of Cr.P.C.1973.

= Judgements ===

- Helen C.Pinheiro And Ors v/s Kamaxi Steel Products 2000 Cr.L.J.1622.

- Yogeshkumar Keshavlal Kamdar v/s Jamanadas Bhagwandas Vakharia Gujarat H.C. decided on 31-03-2022 (R/CR.A/1585/2006).

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Encroachment - Collector - Tahasildar - Summary Eviction - Section 138 M.L.R.C. 1966

Encroachment - Collector - Tahasildar To Whom Have Power Summarily Evict....?

                                

- As per provisions of  Maharashtra Land Revenue Code 1966 boundaries of field be settled.

- After settlement of boundaries of field who is  wrongfully in  possession of any land i.e. Encroached  may be at any time summarily evicted by Collector.

- As per Section 138(2) of M.L.R.C.1966 only Collector have power to evict summarily no other Officer i.e. S.D.O.(Sub Divisional Officer), Tahasildar have power to summarily evict as per the said provision.

- Now in today all over Maharashtra State application under Section 138(2) of M.L.R.C.1966 is decided by Tahasildar or S.D.O which is void, without jurisdiction, ultra vires which causes harm to society . Due to which litigants spend their time, money which is injustice to them.

- Basically as per Section 13 & 330A of M.L.R.C.1966 NOTIFICATION ( in official gazette)  & APPROVAL of State Government is required for delegation of Powers by Collector to their sub ordinate officer .

- But till today no such Notification, Approval is in the State of Maharashtra even though application under 138(2) of M.L.C.1966 are entertained and decided by sub ordinate officer of Collector which is routine practice in Maharashtra State the same is illegal void ab intio.

- So all applications under section 138(2) of M.L.R.C.1966 be file before Collector .

= Relevant Provision =

- Section 138, 13 , 330A Of M.L.R.C.1966.

- Notifications under Section 13 of M.L.R.C.1966 - G.N.R.& F.D.No.UNF.1467-(e)-R dated 14 August, 1967 in which section 138 is not mentioned.

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== सर्व वकिल बंधु , भगिनी यांना गुढीपाडवा , नवं वर्षाच्या हार्दिक शुभेच्छा . तसेच मुख्यत्वे सातारा जिल्ह्यातील वकिलांना विनंती कि महाराष्ट्र महसूल अधिनियम १९६६ चे कलम १३८(२) प्रमाणेचे (BND) अर्ज जिल्हाधिकारी ,सातारा येथे दाखल करावेत व पक्षकाराचा वेळ, पैसा याचा अपव्यय टाळावा .

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