Hearing of appeals
41.—(1)  Appeals to the Appellate Division are to be by way of rehearing.
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(2)  In hearing and deciding an appeal, the Appellate Division has all the powers and duties, as to amendment or otherwise, of the court or tribunal from which the appeal was brought.
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(3)  The Appellate Division may receive further evidence —
(a)by oral examination in court;
(b)by affidavit;
(c)by deposition taken before an examiner or a commissioner; or
(d)in any other manner that the Appellate Division allows.
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(4)  Except as provided in subsection (5), such further evidence may be given to the Appellate Division only with the permission of the Appellate Division and on special grounds.
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[Act 25 of 2021 wef 01/04/2022]
(5)  Such further evidence may be given to the Appellate Division without permission if the evidence relates to matters occurring after the date of the decision appealed against.
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[Act 25 of 2021 wef 01/04/2022]
(6)  The Appellate Division may draw any inference of fact, give any judgment and make any order.
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(7)  The powers in this section —
(a)may be exercised in relation to any part of the decision appealed against, including any part of the decision appealed against to which the appeal does not relate; and
(b)may be exercised in favour of any party to the decision appealed against, including any party to the decision appealed against who has not appealed against the decision.
[40/2019]
(8)  Where an application for permission to adduce further evidence in an appeal before the Appellate Division is heard and decided by a single Judge or 2 Judges, any party may request the full panel of the Appellate Division hearing the appeal to rehear arguments in respect of the application for permission to adduce further evidence.
[Act 25 of 2021 wef 01/04/2022]
(9)  No request may be made under subsection (8) in respect of an application for permission to adduce further evidence in an appeal where the Appellate Division that first decided the application is constituted —
(a)by 2 Judges, where the Appellate Division hearing the appeal is constituted by 2 Judges; or
(b)by 3 or more Judges.
[Act 25 of 2021 wef 01/04/2022]
(10)  A request under subsection (8) must be made before the earlier of the following:
(a)the time at which the judgment or order relating to the decision on the application for permission to adduce further evidence is extracted;
(b)the expiration of 7 days after the date on which the decision on the application for permission to adduce further evidence is made.
[Act 25 of 2021 wef 01/04/2022]
(11)  After rehearing arguments on a request mentioned in subsection (8), the Appellate Division may affirm, vary or set aside the decision on the application for permission to adduce further evidence.
[Act 25 of 2021 wef 01/04/2022]