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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
On Record – Refers to documents, evidence, or information that has been formally presented, noted, or acknowledged during the proceedings. It signifies that the material is part of the ongoing record and has been officially recognized by the Court or authority. For example, in civil and criminal cases, documents on record are those that have been admitted or filed during trial or hearing stages ["KING v. WIJEYESEKERE"], ["Anita Poddar VS Duru Malik - Delhi"].
In Record – Denotes the actual physical or legal compilation of documents, files, or data maintained by the Court or relevant authority. It pertains to the stored, official collection of all documents that form the Court's record of acts, proceedings, or files. The term emphasizes the stored or maintained nature of the documents, such as the record of the Court or record of rights ["Praveen Malpani VS Vijay Electricals, A Registered Firm - Madhya Pradesh"], ["Mahatam Sharma VS State of U. P. - Allahabad"], ["Armin R. Panthaky VS Rohinton Panthaky - Bombay"].
The key distinction lies in on record indicating that a document or evidence has been formally included or recognized in the proceedings, whereas in record refers to the physical or official compilation of all such documents maintained by the Court or authority. The former is about the status or acknowledgment during proceedings, and the latter concerns the actual stored collection of documents forming the Court's official record.
References:- Court judgments highlight that record of acts of the Court and record of the Court are distinct, with the former relating to specific acts or proceedings entered into the official record ["Praveen Malpani VS Vijay Electricals, A Registered Firm - Madhya Pradesh"].- The maintenance of official records, such as record of rights or Oil Record Book, involves specific procedures and distinctions between what is kept and what is maintained ["Mahatam Sharma VS State of U. P. - Allahabad"], ["United States vs Korotkiy - Ninth Circuit"].- The process of adding documents on record during trial or proceedings is governed by procedural rules, emphasizing their formal inclusion in the case record ["Anita Poddar VS Duru Malik - Delhi"], ["Armin R. Panthaky VS Rohinton Panthaky - Bombay"].
In summary, on record pertains to the status of documents or evidence as part of the proceedings, while in record refers to the actual compilation and maintenance of these documents within the official record-keeping system.
In legal proceedings, precise language is everything. Terms like 'on record' and 'in record' often appear in judgments, statutes, and arguments, but do they mean the same thing? Many people, including litigants and even some legal professionals, use them interchangeably. However, understanding their subtle yet significant differences can impact how evidence is presented, challenged, or relied upon in court.
If you've ever wondered about the difference between on record and in record, this post breaks it down. We'll explore their meanings, evidentiary implications, supporting case law, and practical tips. Note: This is general information and not specific legal advice. Consult a qualified lawyer for your situation.
The primary difference hinges on context, content, and the presumption of correctness in official records. Generally:
Both terms relate to the evidentiary weight of official records, but 'in record' focuses on what is stated, while 'on record' highlights how and by whom it was entered. This nuance is crucial in disputes over land revenue, possession, or court proceedings.
'In record' describes entries or facts contained within an official document, such as revenue records, Jamabandi, or land registers. These are typically presumed correct under law.
For instance, under Section 105 of the Goa Land Revenue Code, An entry in the record of rights, and a certified entry in the register of mutation shall be presumed to be true until the contrary is proved. Harischandra Panglo VS Shambu Dacu - 2021 0 Supreme(Bom) 904
Such entries serve as prima facie evidence of ownership, possession, or rights. Courts rely on them unless fraud or error is proven. This presumption stems from the public nature of these documents and the duty of officials to maintain accuracy.
'On record', by contrast, stresses the formal act of entry by an authorized person in discharge of official duty. Once something is 'on record', it gains legal recognition and a presumption of genuineness.
The Supreme Court in Vishwa Vijai Bharti v. Fakhrul Hasan clarified: The entries in the revenue record ought, generally, to be accepted at their face value...the presumption of correctness can apply only to genuine, not forged or fraudulent, entries. PARTAP SINGH (DEAD) THROUGH LRS. VS SHIV RAM (DEAD) THROUGH LRS. - 2020 2 Supreme 556
Similarly, in Harish Chander, the Court noted: A presumption of truth attaches to those entries in view of the provisions of s. 44 of the Punjab Land Revenue Act, underscoring entries 'on record' as having strong evidentiary value. Additional District Magistrate (Rev. ) Delhi Admn. : LTD. governor Of Delhi: Additional District Magistrate (Rev. ) Tis Hazari, Delhi: Additional District Magistrate: Additional District Magistrate: Additional Distt. Magistrate (Revenue) : Additional Dist VS Siri Ram: Sheo Ram: Balbir Singh: Raj Dullari: Sub. Ganeshi Ram: Sh. Vijay Pal Singh: Ram Phal - 2000 4 Supreme 615
Official records enjoy a rebuttable presumption of correctness. Key points:
Related distinctions appear in public document law. For example, there's a clear line between the 'record of the court' and the 'record of the acts of the court'. Only the latter—such as depositions, judgments, or decrees—are public documents under Section 74 of the Indian Evidence Act. Saritha S. Nair, D/o Indira Nair VS Union Of India - 2022 Supreme(Ker) 509SARITHA S. NAIR D/O INDIRA NAIR VS UNION OF INDIA - 2022 Supreme(Ker) 569
A bailiff's report, even on a summons, is not a public document, as it's not a 'record of the act of the court.' Its contents require formal proof. Sushilkumar Mandanlal Ganediwal VS Vijaykumar Mandanlal Ganediwal - 2019 Supreme(Bom) 457
Statements under Section 164 Cr.P.C. may qualify as public documents due to the Magistrate's official function, but access is limited to those with a direct interest. Strangers cannot demand copies casually. Saritha S. Nair, D/o Indira Nair VS Union Of India - 2022 Supreme(Ker) 509
Other judgments reinforce these concepts. In review petitions, courts distinguish 'erroneously recorded finding' from 'error apparent on the face of the record'. The latter justifies review under Section 114 CPC, but mere disagreement with findings does not. Sanjeev Gupta VS Ritu Gupta - 2020 Supreme(All) 648
In evidence production under CPC Orders VII, VIII, and XIII, documents can be introduced during cross-examination to confront witnesses, without differentiating parties from other witnesses. This ties into bringing truth 'on record'. Mohammed Abdul Wahid VS Nilofer - 2023 8 Supreme 487
Design infringement cases highlight how records demonstrate differences in configuration vs. ornamentation, emphasizing the need for genuine, recorded evidence. Selvel Industries VS Om Plast (India) - 2016 Supreme(Bom) 755
These examples show how 'on record' and 'in record' permeate civil, criminal, and procedural law, always circling back to authenticity and procedure.
When dealing with official records:
Litigants should maintain their own records meticulously, as courts prioritize official ones but allow rebuttals.
In summary, 'on record' spotlights the official act of recording, conferring presumptions of authenticity, while 'in record' points to the substantive contents presumed true until disproven. Both bolster evidentiary value in legal battles, but exceptions for fraud or irregularities keep the system balanced. PARTAP SINGH (DEAD) THROUGH LRS. VS SHIV RAM (DEAD) THROUGH LRS. - 2020 2 Supreme 556Harischandra Panglo VS Shambu Dacu - 2021 0 Supreme(Bom) 904
Understanding this distinction empowers better navigation of land disputes, evidence challenges, and more. Stay informed, but always seek professional advice tailored to your case.
Key Takeaways:- Presumption applies to genuine official entries only.- Rebut with evidence of fraud or error.- Context matters: Revenue, court, or procedural records each have nuances.
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Let us see whether Section 31(2) makes any difference to this position in law. According to the judgment in Aliens Developers [Aliens Developers (P) Ltd. v. ... There is a distinction between record of the Court and the record of the acts of the Court as per Section 74(1)(iii) of the Act of 1872. ... cannot be proved and as such record is required to be called. ... From the submissions made by learned counsel for the parties and perusal of record, nowhere it is mentioned that the applications and docume....
The fact that the observance of the statute is a duty imposed, on a court or public officer and not on a party makes no difference to the imperative effect of the enactment. The cases of Howard v. Bodington 7[(1877) 2 P. D. 203.] and R. v. Chorlton Union 8[(1872) L. ... If he finds the accused guilty he shall forthwith record a verdict of guilty and pass sentence upon him according to law and shall record such sentence." It is submitted by learned Crown Counsel on the authority of the case of Samsudeen v. Suthoris 1[(1927) 29 N. L. R. 10....
We do not consider that this furnishes a suitable occasion for dealing with this difference exhaustively or in any great detail, but it would suffice for us to say that where without any elaborate argument one could point to the error and say here is a After discussing the relevant material on record, the con- clusion is stated in para 17 of the report.
He made the layman's mistake of not properly understanding the difference between " left" and " deserted". Further, he says that the shorthand writer had wrongly taken down " altogether " in place of " in September ". ! ... The record which should have supported the charge of perjury is not available and another record taken down by the shorthand writer is offered as proof. This cannot be allowed. ! ... Further, the record has to be read over in the presence of the Judge and the witness, and if necessary corrected. ....
Rule 1(3) of C.P.C. as well as others, it was observed that the legislature has created an exception towards the documents being produced for cross-examination of witnesses of the other party to allow confrontation of witnesses by catching such person "unawares" in order to "bring out the truth on record ... The phrase “so far as it is applicable" in Order XVI Rule 21 does not suggest a difference in the function performed. 15. ... It is recorded in the impugned judgment that various provisions of the CPC lend credence to the difference b....
The delegates’ verdict does not end the trial, but the judge’s decision does, and therein lies the difference. 27. The role of the delegates in a trial under the PMDA is crucial. ... The argument that the involvement of the delegates and the fact that the delegates’ verdict on facts is unassailable makes a difference also cannot be accepted. The reason in Salem cases will apply even in the present context. ... with his report in writing signed by him to the Court appointing him and the evidence taken under it shall form part of the record....
I have had the record of his evidence corrected and signed by him. It is filed in the Registry in connection with this appeal. ... I am unable to accept the contention, for it appears to me that their Lordship's opinion referred to the difference in the name of the land and not to the difference in the description with regard to the village. ... The only material difference is that in D1 it is stated to be situated in the village Ratmalkaduwa and in P2 in Hapugaspitiya. ... It is this difference ....
Record Officer or the Assistant Record Officer. ... Preparation of new record-of-rights - Where any local area is under record operation, the Record Officer shall frame for each village therein the record specified in Section 32 and the record so framed shall thereafter be maintained by the Collector, instead of the record previously maintained under ... Record Officers - The State Government may appoint an officer, hereinafter call....
such record.” ... “maintain an Oil Record Book.” ... Throughout its Oil Record Book regulations, the Coast Guard drew a distinction between how the Oil Record Book is “kept” and how the record of bilge-water operations is “maintained.” ... Crucially, the object that is to be maintained, here, is the record; it is not just the physical Oil Record Book. ... By contrast, 33 C.F.R. § 151.25(j) draws a distinction between that which is “kept” (the Oil Record#HL_E....
This Court has considered the submissions of the parties and perused the record. 5. ... He further states that since these documents were always in the custody of the Respondent, the same could not have been permitted to be placed on record at the stage of replication, as the Petitioners herein have been denied an opportunity to place their stand on record with respect to the ... The said documents find mention in the plaint and therefore, the Trial Court has rightly permitted the same to be placed on record. 5.2. ... #....
It is only the record of the acts of the court that is a public document. Thus, deposition of witnesses recorded by a judge/an officer of the court, judgment, and decree are public documents as they are records of acts of court. There is a distinction between the record of the court and the record of the acts of the court.
There is a distinction between the record of the court and the record of the acts of the court. Thus, deposition of witnesses recorded by a judge/an officer of the court, judgment, and decree are public documents as they are records of acts of court. It is only the record of the acts of the court that is a public document.
There is difference between erroneously recorded finding and the error apparent on the face of the record. Against erroneous finding, the remedy lies in the form of special appeal etc. The judgment of this Court is of 32 paras and out of that 16 paras have been referred in the review application which according to the applicant-appellant are erroneous. If the finding does not suit to the applicant/appellant, the same cannot be said to be erroneous.
It is only record of act of the Court which is a public document. There is distinction between the record of the Court and the record of the act of the Court. A report even if prepared in discharging official duty with regard to possession cannot be a public document so as to report of possession is taken as conclusive.
Exhibit “D” [Plaint, p. 56.] has visuals of the Plaintiffs’ containers which show the lids and waveform. While this may not speak to “shape”, it certainly speaks to “configuration”. (b) Second, the record itself demonstrates the difference between configuration and ornamentation.
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