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In an appeal from a decision by the trial court, the appellate court finds that certain necessary evidence was not taken by the trial court. The appellate court

In an appeal from a decision by the trial court, the appellate court finds that certain necessary evidence was not taken by the trial court. The appellate court Correct Answer May take additional evidence itself

Related Questions

Which of the following subject matters Articles Related to Supreme Court is correctly stated with their respective Article no.?  133. Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases 132. Appellate jurisdiction of Supreme Court in appeals from High Courts in regard to civil matters 134 A. Appellate jurisdiction of Supreme Court in regard to criminal matters 134 . Certificate for appeal to the Supreme Court
Under which of the following situations, the appellate tribunal can rectify the mistake in the order passed by it Under Section 254 (2) of Income Tax Act?
1. If subsequent decision of the Supreme Court/High Court is available on the subject after the appellate tribunal's order.
2. If an assessee apply for rectification of the tribunal's order by raising fresh grounds before the tribunal.
3. If the omission or mistake is on the part of appellate tribunal.
4. If the order is passed by the appellate tribunal under an erroneous impression of fact or law.
Select the correct answer:
Choice the correct propositions:
1. Evidence of fingerprint expert is substantive evidence.
2. Evidence of fingerprint expert can be used only to corroborate some items of substantive evidence which are otherwise on record.
3. Evidence of fingerprint expert is not substantive evidence.
4. Evidence of fingerprint expert is admissible in all circumstances as expert evidence.
Rule: Courts are under an obligation to inform the parties where an appeal lies. A lower court judge pronounced a judgment after hearing lengthy arguments from plaintiff's and defendant's advocates. He did not inform the parties about the period of limitation for filing an appeal under latest amendment. The plaintiff failed to appeal on time and requested the higher court for condonation of delay on the ground that the lower court judge failed to fulfil his obligation as he was not informed about the appeal. Will the higher court consider this ground as sufficient cause for condonation of delay?
Where two or more courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try the offence, the question shall be decided
1. If the courts are subordinate to the same High Court, by that High Court
2. By the High Court within the local limits of whose appellate criminal jurisdiction the accused resides, carries on business or is engaged in a gainful employment
3. If the courts are subordinate to the same High Court, by that High Court in consultation with the State Government concerned
4. If the courts are not subordinate to the same High Court, by that court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced
Which of the above are correct?
Which of the following statements is/are correct?
1. Under the Information Technology Act, 2000, the appellant can make a legal representation in person.
2. The appellant can authorize one or more legal practitioners to present his case before the Cyber Appellate Tribunal.
3. The provisions of the Limitation Act, 1963 are not applicable to an appeal before the Cyber Appellate Tribunal.
4. The Cyber Appellate Tribunal is bound by the procedure laid down by the Code of Civil Procedure, 1908.
Select the correct answer using the give below:-
Which of the following statements is/are correct?
1. Appeals under Section 57 of the Information Technology Act, 2000, can be filed only before the Appellate Tribunal
2. Appeals under Section 57 of the Information Technology Act, 2000, can be filed only before the Cyber Appellate Tribunal
3. The appeal under the Information Technology Act, 20000, can be filed before the Telecom Disputes Settlement and Appellate Tribunal established under the Telecom Regulatory Authority of India Act, 1997
Select the correct answer using the given below:
Whether appeal against the decision in appeal of appellate bench of Small Causes Court/District Court would lie before
Each material circumstance appearing in evidence against the accused must be put to the accused specifically, distinctly and separately. In this context, the propositions are
1. Failure to put the material evidence to the accused always vitiates the trial
2. Failure to put the material evidence amounts to a serious irregularity which can not be cured and vitiates the trial, if it has prejudiced the accused.
3. Failure to put the material evidence is not considered to services & is curable if infact no failure of justice has occasioned to the accused.
Now which of the following is correct
In a survey of 25 students, it was found that 15 had taken Mathematics, 12 had taken Physics and 11 had taken Chemistry, 5 had taken Mathematics and Chemistry, 9 had taken Mathematics and Physics, 4 had taken Physics and Chemistry and 3 had taken all the three subjects. Find the number of students who had taken both Physics and Chemistry but not Mathematics.