به آیینی و به سامانی:
درستی - سازش - شادی
نوع مقاله : مقاله پژوهشی
نویسنده
استاد آیین دادرسی مدنی و بازرگانی گروه حقوق خصوصی و اسلامی دانشکده حقوق و علوم سیاسی دانشگاه تهران
کلیدواژهها
عنوان مقاله English
نویسنده English
In cassation proceedings, new evidence cannot be introduced, as the appeal in cassation lacks devolutive effect; the Supreme Court confines its review of the judgment's validity to the evidence already present in the case file. However, this rule does not preclude a finding that the lower court's investigation was incomplete; the Supreme Court may overturn the judgment on grounds of procedural deficiency and remand the case to the lower court with instructions to conduct the necessary proceedings and inquiries.
In the present case, an appeal in cassation was lodged three times. On each occasion, the Supreme Court deemed the lower court's proceedings and investigation incomplete. Upon the third appeal, the original document—the absence of which had consistently rendered the initial court's proceedings defective—was located. The Supreme Court received and examined the original document, then overturned the judgment and remitted the matter to the issuing court for further proceedings and evaluation of said document. The ruling by the Third Branch of the Supreme Court—regarding adherence to the aforementioned principle, as well as the review and identification of deficiencies in the investigation—stands as one of the finest and most precise rulings within the judicial system.
کلیدواژهها English
