No Legal Evidence, No Process: A Session Judge's Compass for Deciding Criminal Revisions Against Orders Issuing Process

 The Core Idea in One Line

An order issuing process cannot survive revision if it rests on no admissible, relevant material connecting the accused to the offence — but a Sessions Judge examining that question in revision must look only at the record that was before the Magistrate, and must never reweigh or reappraise the evidence found there.

What Counts as "Legal Evidence"

"Legal evidence" is admissible material — recognized as such under the Evidence Act — bearing a rational, probative connection to an ingredient of the offence charged. It is not simply anything appearing in the case file. Four elements define it:

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Whether unregistered partition deed can be used for collateral purpose if it is not properly stamped?

Then the next question that falls for consideration is whether

these can be used for any collateral purpose. The larger Bench of

Andhra Pradesh High Court in Chinnappa Reddy Gari Muthyala

Reddy Vs. Chinnappa Reddy Gari Vankat Reddy , AIR 1969 A.P.

(242) has held that the whole process of partition contemplates

three phases i.e. severancy of status, division of joint property by

metes and bounds and nature of possession of various shares. In a

suit for partition, an unregistered document can be relied upon for

collateral purpose i.e. severancy of title, nature of possession of

various shares but not for the primary purpose i.e. division of joint

properties by metes and bounds. An unstamped instrument is not

admissible in evidence even for collateral purpose, until the same is

impounded. Hence, if the appellants/defendants want to mark these

documents for collateral purpose it is open for them to pay the

stamp duty together with penalty and get the document impounded

and the Trial Court is at liberty to mark Exhibits B-21 and B- 22 for

collateral purpose subject to proof and relevance.

Accordingly, Civil Appeal is partly allowed holding that Exhibits

B-21 and B-22 are admissible in evidence for collateral purpose

subject to payment of stamp duty, penalty, proof and relevancy.

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 8441 OF 2015

ARISING OUT OF

SPECIAL LEAVE PETITION (CIVIL) NO. 12788 OF 2014

YELLAPU UMA MAHESWARI  V BUDDHA JAGADHEESWARARAO & ORS.

Dated: October 08, 2015

Author: N.V. RAMANA, J.

Citation:(2015) 16SCC787

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