9911796707
TMI Blog1989 (1) TMI 285X X X X Extracts X X X X X X X X Extracts X X X X ..... of Rule 23 of the CEGAT (Procedure) Rules, 1982. Shri L.C. Chakraborthy, the learned JDR raised a preliminary objection that there was no verification on the application for admission of additional evidence. To this Shri Sachar stated that the application for additional evidence was filed on 17-6-1988 and in case there was any incorrect statement in the application the Respondent could have filed a rejoinder. Since no rejoinder was filed the veracity of the appellants' application is established. Shri Sachar further states that cross objections were filed by the Respondent and in para 9 thereof there are no comments as to the documents at Sl. Nos. 9 to 12. The appellants have all along been agitating for the non-inclusion of the packing ri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce evidence on the points specified by them or not specified by them, the Tribunal may, for reasons to be recorded, allow such documents to be produced or witnesses to be examined or affidavits to be filed or such evidence to be adduced. (2) The production of any document or the examination of any wit- ness or the adducing of any evidence under sub-rule (1) may be done either before the Tribunal or before such department at authority as the Tribunal may direct. (3) Where any direction has been made by the Tribunal to produce any documents or to examine any witnesses or to adduce any evidence before any departmental authority, the authority shall comply with the directions of the Tribunal and after such compliance send the documents, the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... some of the documents were shown to the Collector on 23rd March, 1982. The applicants have not supported their contention with an affidavit and on the face of it cannot be accepted that these were shown to the Collector as there is no mention in the proceeding sheet on record in this regard. The Hon'ble Supreme Court in the case of Arjan Singh v. Kartar Singh (1951 SC 193) has held that "the true test is whether the appellate Court is able to pronounce judgment on the materials before it without considering the additional evidence sought to be adduced. Where there is no examination of the evidence on record and a decision reached that the evidence as it stood disclosed a lacuna which the appellate Court required to be filled up, held, the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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