No new trial for improper admission or rejection of evidence
AI Assist
Summary
Wrongly admitting or rejecting a piece of evidence alone does not automatically require a new trial or reversal. The court will decide whether, without the objected evidence, there was still enough to justify the decision, or whether the rejected evidence would not have changed the result. If either is so, the decision stands.
Example
Priya is accused of damaging a neighbour's fence and the trial court admitted a hearsay message. On appeal the court finds that eyewitness testimony and documents alone were enough to justify the judgment. Because the decision would be the same without the wrongly admitted hearsay, the judgment is upheld.
Bare Act
Enacted textThe improper admission or rejection of evidence shall not be ground of itself for a new trial or reversal of any decision in any case, if it shall appear to the Court before which such objection is raised that, independently of the evidence objected to and admitted, there was sufficient evidence to justify the decision, or that, if the rejected evidence had been received, it ought not to have varied the decision.
Previous year papers
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