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2001 Supreme(Bom) 708

S.H.KAPADIA
Standard Chartered Bank – Appellant
Versus
A. B. F. S. L. & others – Respondent


JUDGMENT- S.H. KAPADIA, J.:---REASONS FOR THE RULING DATED 31ST JULY, 2001 ON THE QUESTION WHETHER THE REPORT OF J.P.C. IS A PUBLIC DOCUMENT :

1. Learned Counsel for Canbank Mutual Fund tenders the Report of J.P.C. Mr. Cooper for Standard Chartered bank objects. The matter was argued thread bare. Two points arise for determination. Firstly, whether the Report of Joint Parliament Committee is a public document as defined under section 74 of the Indian Evidence Act, 1872. Secondly, even if it is a public document, whether the findings of the Joint Parliamentary Committee constitute evidence as defined under section 3 of the Indian Evidence Act.

ARGUMENTS :

2. Mr. Harish Salve, Solicitor General of India contended that the Report of the Joint Parliamentary Committee, (hereinafter referred to as “J.P.C.”), is the Report the Parliament. That, J.P.C. consisted of the members of both Houses of Parliament. That, the entire object of the Report was to keep the Parliament informed of the events which took place and the circumstances under which the scam took place. He contended that the scam became public in April, 1992. That, the Parliament wanted to know the details of the financial irrergu








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