Will Supreme Court accept new evidence while filing SLP appeal ?
Dr J C Vashista (Advocate) 14 September 2020
Supreme Court do not appreciate / inquire any matter of fact vis-a'-vis evidence in special leave under Article 136 of the Constitution of India as held in the case titled Shoenandan Paswan Vs State of Bihar (1987) 1 SCC 288 at p. 355 and Bibhabati Devi v Ramaendra Narayan Roy AIR 1947 PC 19 at page 26.
Apex Court has discussed the same in the case titled Nihal Singh V. State of Punjab (1964) 4 SCR 5 as well as Saravanabhabvgavan and Govindaswamy V. State of Madras, AIR 1966 SC 1273
Bala 14 September 2020
My grandfather purchased a land in 1910 with a sale deed. In 1926, his brother kept mortgage stating that the land belongs to him in 1935, which my grandfather paid the mortgage and got the land back. Now hiers of grandfather brother went to division bench and got a judgement in favour of them based on the mortgage document and stating land was purchased together. Now we got a partition document stating the land belongs to my grandfather. Can you please tell me, how can I proceed the case, should I go for revision ?
kella 15 September 2020
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P. Venu (Advocate) 23 September 2020
"Now hiers of grandfather brother went to division bench and got a judgement in favour of them based on the mortgage document and stating land was purchased together."
Facts as posted lack clarity. Please post complete facts.
"Now we got a partition document stating the land belongs to my grandfather."
What is this partition document? Please post complete facts.