Judicial Notice of Earthquakes: No Proof or Authority Required?

Custom Excise And Service Tax Appellate Tribunal

Therefore, that reversal need not be disturbed because in our view the assessee's had correctly reversed it and that amount need not be refunded. Hence, the prayer of the assessee to refund that amount is rejected. 12. ... The stand of the revenue is during the relevant period that Notification was not available and the said Notification No. 31/2001 dated 1.6.2001 is not having any retrospective effect. Taking this view, the Original Authority confirmed the demands. .....

National Consumer Disputes Redressal Commission

It was further stated that the complainant has failed to provide any report from Indian Metrological Department regarding the earthquake and heavy rainfall on 09.02.2019.  It was further stated that the Tehsildar is not competent authority to issue certificate regarding earthquake and heavy rains. ... The surveyor recommended for repudiation of the claim as the same does not fall within the scope of the policy and the competent authority has scrutinized the entire records and came i....

-There is this difference, namely, that the Courts must take judicial notice of the Ordinances, but someone must prove the regulation.] The Evidence Ordinance says that the Courts of Law must take judicial notice of laws, regulations, &c, when they are published. ... -Would it be judicial notice or would it be that his having issued summons shows that he had looked into it ?] Under section 57 (1) of the Evidence Ordinance, the rules need #HL_STA....

Bombay

produced any documentary evidence to prove this aspect. ... Separate notices need not be issued to them by the Labour Court. ... Notice for production of documents was not issued to the petitioners so as to effect of not adducing proper evidence. ... entitled for the earthquake allowance.

2004 0 Supreme(Guj) 775

In the present case, Gujarat State Disaster Management Authority is the highest authority in the State of Gujarat to consider such type of questions with regard to payment of compensation to a person who is affected due to earthquake. ... It is submitted that as the petitioner has not produced any documentary evidence to prove his ownership/possession prior to January 26, 2001 the petitioner is not entitled to compensation and therefore the impugned order is rightly passed. ... The Dep....

2024 Supreme(Online)(GUJ) 9722

In the first place, as noted above, earthquake at the Richter scale of 7.7 had hit the city of Ahmedabad. This was of a very high intensity. Not only this the earthquake engulfed almost the entire State of Gujarat which was a severe calamity. ... The accused persons have not pleaded guilty and therefore trial has been commenced. To prove the charges against the accused persons, the prosecution has examined total 20 witnesses and many other documentary evidences were also adduced. ... Lakhani submits tha....

2024 Supreme(JK) 588

of the earthquake of October, 2005. ... When this Court examines the plaint filed in the civil suit, the reading of the same leaves this Court with an inevitable conclusion that trial court should not have even wasted the judicial time at its end for four years of suit’s pendency and instead the suit should have been dismissed at the very ... The plaintiffs in the civil suit came to aver and allege that said earthquake damaged their houses same suffering partial as well as full damage which entitled them to claim damages....

2001 0 Supreme(Guj) 112

In case of any serious difficulty or grievance, it would be open to the District Chairman to bring it to the notice of the Gujarat State Legal Services Authority, through its Secretary for taking up the issue through the Authority with the Government. (2) So far as the prayer for creation of separate ... authority by the Court. ... OS. , bring them to the notice of the government officials and agencies in charge of relief and rehabilitation programmes. ... This need is more urgent wher....

National Consumer Disputes Redressal Commission

Mehta, Judicial Member Ms. P. R. Shah, Member Order by Shri M.J. Mehta, Judicial Member 1. ... The notice was issued to the Opponents, they appeared before the District Commission and submitted that the complaint is not legal and not required to be entertained, further it was submitted ... transmitted the amount received from the concerned authority. ... Further it is also disclosed that the earthquake was in Nepal, but it was not#HL....

2021 0 Supreme(Guj) 175

Thus, it has been said that it is unnecessary to PG NO 185 prove that the parties "actually came together and agreed in terms" to pursue the unlawful object; there need never have been in express verbal agreement, it being sufficient that there was "a tacit understanding between conspirators as to what ... The former does not render them conspirators, but the latter is. It is however, essential that the offence of conspiracy requires some kind of physical manifestation of agreement. The express agreement, however, need #....

2022 0 Supreme(Mad) 3032

When such an admission is clear and unequivocal, there is no need to prove it while taking judicial notice. Section 17 defines “an admission” which would include a statement both oral and documentary. Thus, in a case where a party admits the execution of the document in the nature of a will, which is otherwise proved in accordance with Section 63 and Section 68 of the Succession Act and Evidence Act, respectively, it becomes a relevant fact duly proved, in the absence of any discretion by the court. Under Section 58, a fact admitted need not be proved unless the court warra....

2021 0 Supreme(SC) 599

Under Section 58, a fact admitted need not be proved unless the court warrants it. 15. Section 17 defines “an admission” which would include a statement both oral and documentary. When such an admission is clear and unequivocal, there is no need to prove it while taking judicial notice. Thus, in a case where a party admits the execution of the document in the nature of a Will, which is otherwise proved in accordance with Section 63 and Section 68 of the Indian Succession Act and Indian Evidence Act respectively, it becomes a relevant fact duly proved, in the absence of any ....

2021 0 Supreme(Mad) 1268

(b) if any show-cause notice has been issued on malafide grounds; then alone a writ petition is entertainable. A writ against a show cause notice, High Courts cannot venture into adjudication of merits and such a roving procedures cannot be under taken in a writ proceedings. (a) if any show cause notice is issued by the incompetent authority; The principles to be adopted for the purpose of entertaining a writ petition against show-cause notice under Article 226 of the Constitution of India are that:

2020 0 Supreme(J&K) 245

The acquiring authority need not prove actual notice of the proposal to acquire under section 4(1) of the Act, to the person challenging the acquisition. For this purpose, we may refer to the difference between actual, implied and constructive notices. As the purpose of publication of public notice provided in section 4(1) of the Act is to give notice of the proposal of acquisition to the persons concerned, such notice can also be by way of implied notice or constructive notice.

2010 7 Supreme 1049

The acquiring authority need not prove actual notice of the proposal to acquire under section 4(1) of the Act, to the person challenging the acquisition. As the purpose of publication of public notice provided in section 4(1) of the Act is to give notice of the proposal of acquisition to the persons concerned, such notice can also be by way of implied notice or constructive notice. For this purpose, we may refer to the difference between actual, implied and constructive notices.