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Showing posts with label documents. Show all posts
Showing posts with label documents. Show all posts
Wednesday, 25 December 2024

Madras HC: Revenue records will not confer any title unless supported by valid documents

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  It is needless to reiterate again that, revenue records are not documents for title, it will not confer any title, unless supported by val...
Saturday, 2 November 2024

Supreme Court: Prosecution Documents admitted As Genuine U/S 294 of CRPC By defence can be read as substantive evidence to prove the correctness of its contents without examining its author

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  Also, this Court in the case of Akhtar vs. State of Uttaranchal (2009) 13 SCC 722 has held in para 21 as under: “21. It has been argued th...
Tuesday, 25 June 2024

What are Supreme court Guidelines if investigating officer does not file documents favourable to accused at the time of filing of chargesheet?

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  The amici pointed out that at the commencement of trial, accused are only furnished with list of documents and statements which the prosec...
Tuesday, 2 January 2024

Whether plaintiff or a defendant, while deposing as a witness, can be confronted with documents in cross- examination completely divorced from or foreign to the pleadings made?

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 The differentiation between the party to a suit and a witness, as is made clear by our earlier discussion, is not something that gels with ...
Sunday, 27 August 2023

Whether the court can conduct S 202 CRPC proceeding under dishonour of cheque case on the basis of documents only?

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 We may note here that as far as complaints under Section 138 of the NI Act are concerned, this Court in Suo Motu Writ Petition (Criminal)No...
Wednesday, 22 March 2023

Whether the court must consider document filed along with plaint for deciding application for rejection of plaint?

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12.2 The power conferred on the court to terminate a civil action is, however, a drastic one, and the conditions enumerated in Order VII Rul...
Tuesday, 26 April 2022

Can the Income Tax department refuse to release documents to the assessee if SLP is pending Supreme court?

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 Even otherwise, the statute confers authority to grant authorisation for retaining the documents beyond the order of assessment only till t...
Thursday, 24 September 2020

How to prove the statement of delinquent recorded in preliminary enquiry?

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Learned counsel for the State argued that the petitioner is not entitled to any relief only on the technical ground of non-supply of documen...
Tuesday, 1 September 2020

Whether the court can pass judgment on admission based on admissions made in documents of the defendant?

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It is now well-established that admissions are not restricted to pleadings. More often than not, contents of the plaint are denied in orde...
Wednesday, 8 January 2020

Supreme Court: Accused can not claim discharge from criminal prosecution on the basis of documents produced by him at that stage of proceeding

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LEGAL PRINCIPLES APPLICABLE IN REGARD TO AN APPLICATION SEEKING DISCHARGE 14. This is an area covered by a large body of case law.  We ...
Saturday, 28 September 2019

Whether court should also see documents filed along with plaint while deciding application for rejection of plaint?

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Moreover while considering an application under Order 7 Rule 11 CPC, the court can only look at the averments in the plaint and the accomp...
Sunday, 2 December 2018

Whether order passed by court without considering documents filed along with application amounts to perverse order?

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  It is the duty of the court to consider the documents filed on record by the party and after considering the same, the Court either acce...
Thursday, 20 September 2018

Whether court can consider documents which were not part of pleading and in respect of which issues are not framed?

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 We have perused the written submissions filed by the Appellant in-person. The Appellant has relied upon the Partition Deed dated 6th Dece...
Wednesday, 8 August 2018

Whether eviction decree will be passed against tenant on ground of non user if he fails to produce documents regarding his business?

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It is true that though he had maintained documents about his grocery business, the record has been eaten up by white-ants and cockroaches....
Friday, 20 April 2018

When a party can be restrained from producing any document during cross examination of any witness?

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 Sub-rule (2) of Rule 2 of Order XIII was introduced in the Civil Procedure Code by the Amendment Act of 1976. It will be relevant, theref...
Sunday, 11 February 2018

Whether adverse inference is to be drawn against a party if he withholds material document?

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In the instant case, as noted above, the rent in dispute relates to the period of six months -- from January 1, 1978 to June 30, 1976. Not...
Sunday, 28 January 2018

Basic principles to be followed by court while deciding application for temporary injunction

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Grant or refusal of an injunction 86. Grant or refusal of an injunction in a civil suit is the most important stage in the civil trial...
Saturday, 13 January 2018

Whether lease deed signed by one party is valid?

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A close reading of the third paragraph indicates that there is no stipulation that the instrument must be signed by both parties. The requ...
Sunday, 7 January 2018

Whether admissibility of document in evidence is necessary for discovery of document?

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 Nor do we think that the High Court was right in holding that the documents ordered to be discovered were not relevant to the injury.  Th...
Sunday, 31 December 2017

Whether documents having genesis in conciliation proceeding can be introduced as evidence in other proceeding?

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Mr. V. Hansaria, learned Senior Counsel appearing on behalf of the Appellants, has argued that Section 75 is in very wide terms and that...