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Indian Laws - Highlights / Catch Notes

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Admission of additional evidence - The legislative intent in ...


Appellate courts can admit extra evidence u/s 391 to ensure justice, but must use this power wisely.

July 27, 2022

Case Laws     Indian Laws     HC

Admission of additional evidence - The legislative intent in enacting Section 391 is to empower the appellate court to see that justice is done and if the appellate court finds that certain evidence is necessary in order to enable it to give a correct and proper findings, it would be justified in allowing further evidence under Section 391. But such power must be exercised only in suitable cases where the court is satisfied that directing additional evidence would serve the interests of justice. - HC

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