Legislator Case Law & Legislation
II UKN 105/99 AI generated

Supreme Court dismisses retrial request for evidence omitted by court or ignored by party.

Case Number II UKN 105/99
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the cassation appeal regarding a disability pension dispute, rejecting the request for a retrial based on omitted evidence. The applicant argued that the court failed to consider medical records from the Military Command, claiming ignorance of their significance due to lack of legal counsel. The court ruled that a retrial is only permitted for specific statutory grounds, not for correcting errors where evidence was available or deemed irrelevant by the lower courts.

Legislator headnote

AI generated

Art. 401, 403 KPC; A retrial request cannot be granted merely because a court omitted evidence indicated by a party or failed to assign it proper significance.

Keywords

AI generated
retrial request omitted evidence civil procedure code disability pension cassation appeal legal counsel statutory grounds

Cited Legislation

AI generated
art. 401 KPC
art. 403 KPC
art. 409 KPC
art. 410 KPC
art. 5 KPC
art. 3938 § 2 zdanie 1 KPC
art. 39312 KPC

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