1. National Insurance Company Ltd Lko. Thru Regional Manager VS Ram Prakash - 21 Sep 20
Point of law: In exercise of its appellate powers, this Court can certainly look into questions pertaining to perversity of findings recorded by the Tribunal, and only when examining the record which may indicate existence of overwhelming evidence adduced by one party, and recording of a contrary finding of fact by the Tribunal, this Court would have sufficient powers to reverse such a finding. In the present case not an iota of evidence has been led by the appellant so as to give an occasion to this Court to embark on an exercise for re-examination of the evidence with regard to the driving licence of respondent no.7. This Court after examining the entire record of the case as produced by the appellant in the instant appeal, disposes of the same at the admission stage itself as the Court does not find any material or ground to entertain the appeal.
He has stated that the license could not be verified as the dealing clerk after perusing the record
India - Allahabad
2. C. DODDANARAYANA REDDY (DEAD) BY LRS. VS C. JAYARAMA REDDY (DEAD) BY LRS. - 14 Feb 20
A concurrent finding of fact is binding unless it is pointed out that it was recorded de hors pleadings or it was based on no evidence or based on misreading of material on records and documents.
thereof and understood what they were – Plaintiff has not produced any official from school to prove that such certificate was from record ... forming records of official bodies or tribunals – Section 76 of Act gives a right to any person to demand a copy of a public document ... on payment of a fee together with certificate written at foot of such copy that it is a true copy of such document – Certified copies ... The plaintiff has not produced any official from the school to prove that such certificate was from the record of the school nor ... In Madan Mohan Singh, this Court held that the entries made in the official record may be admissible under Section 35 of the Indian ... So far as the entries made in the official record by an official or person authorised in performance of official duties are concerned
India - Supreme Court
3. Sant Ravindra Das Guru Swaroopanand VS State of Madhay Pradesh - 11 Oct 05
1.Recording of FIR by police officer in a cognizable offence is a mandatory requirement and it is not permissible that it should be recorded after due deliberations or after inspection of spot.2.When two views are possible from same set of evidence and if it is found that view taken by trial court is also possible, scope of interference in such an appeal against acquittal is very limited and there cannot be any interference by Court unless findings recorded by trial Court are found to be perverse and contrary to evidence on record.
The Trial Court acquitted respondents on appreciation of evidence on record. ... No documentary evidence was placed on record by prosecution to prove compliance of Section 154 Cr.P.C. or 157 Cr.P.C. ... for causing death of one person and injury to one other by firing gun shots — Acquittal by Trial Court on basis of evidence on record ... and no documents have also been produced on record to show the compliance of second check relating to S. 157 of Cr.P.C. forwarding ... the copy of the FIR to the Magistrate forthwith. ... Punati Ramulu3, it has been held that if it is found that the investigating officer deliberately does not record FIR after receipt
India - Crimes
4. K. Tharush Moideen VS Hasan Ambalam - 02 Feb 10
Ratios:a. Any entry in any public or official book, register or record relate to a fact in issue or relevant fact made by a public servant in discharge of his official duty or in performance of a duty substantially enjoined upon him by law would be deemed as true and correct.b. Not only the records reflecting the acts of a public servant but also all the documents which form part of such acts would be classified as public documents. c. Opinion given by a scientific officer in discharge of his official function would be a public document.
The presumption is that a public servant, who makes such entry in the relevant public record has made it truly and correctly in the ... nbsp; As per section 35 of the Indian Evidence Act, the entry relied upon must be one in any public or official book, register or record ... Evidence Act, 1872(1 of 1872)-Sec.35, 74-Evidence-Public document-Public servant-Any entry in any public or official book, register or record ... as form the act or record of the act of a public officer. ... forming the acts or records of the acts" in S.74 is used in one and the same sense, and the act of which the record made is a public ... act of giving his expert opinion, that record would fall under the category of a public document.
India - Madras
5. Jisal Rasak VS State Of Kerala - 30 Sep 19
Any documentary evidence by way of an “electronic record” under the Indian Evidence Act can be proved only in accordance with the procedure prescribed under Section 65B of the Indian Evidence Act, 1872. This is what is provided under Sections 59 and 65A of the Indian Evidence Act. Section 59 provides that all facts except the contents of document or “electronic evidence”, may be proved by oral evidence. Section 65A provides that the contents of electronic records may be proved in accordance with the provisions of Section 65B of the Act. Section 65B deals with the admissibility of “electronic records”. Section 65A and Section 65B were introduced into the Evidence Act in 2000 providing special processes for proving copies of extracts of electronic records.
Evidence Act- Section 65B(1) - Any electronic record, which is printed, stored, recorded or copies made ... The accused is entitled to a digital copy of the CCTV footage, which is relied on by the prosecution to prove the charge. ... as a material object, the digital copies of the same cannot be furnished-The learned Magistrate ordered for the issuance of the records ... in electronic form is an electronic record. ... of when, how or by whom such record was created. ... the genuineness of the electronic record produced is in question.
India - Kerala
6. State of H. P. VS Jarnail Singh - 07 Jul 09
Record of admission of a student containing the age of the student or an attested copy thereof which may carry presumption to its correctness, if it is proved that the age as recorded in the school records came into being at the instance of the person expected to know the correct age of the student.
maintained in discharge of official duty in Panchayat—No presumption could be attached to entries made therein—Entry in school record ... PH) of birth register was placed on record. ... the findings of the learned trial court are based on conjecture and surmises, as the same are contradictory to the material on record ... is proved that the age as recorded in the school record came into being at the instance of the person expected to know the correct
India - Crimes
7. Venkateshappa VS Venkateshappa - 01 Dec 11
Findings recorded by Courts below, being question of fact and having been recorded on proper appreciation of evidence on record cannot be interfered with in second appeal.
The findings recorded being questions of fact and having been recorded on proper appreciation of the evidence on record ... The certified copy is issued by the Tehsildar, who was competent to issue such certified
India - Current Civil Cases
8. Shakkeer M. K. VS State of Kerala - 13 Aug 14
: Though the statement recorded under Section 164 of a witness is a public document, but since it is recorded during the part of the investigation, the accused is not entitled to get that document as of right as he is entitled to get documents which were produced by the investigating officer along with the final report under Section 173 (2) of the Code.
(iv) If there is any delay exceeding 24 hours in taking the victim to the Magistrate, the Investigating Officer should record ... other documents.
India - Crimes
9. M. R. Organisation VS Income Tax Officer - 07 Jan 21
The Court should be guided by the reasons recorded for the reassessment and not by the reasons or explanation given by the Assessing Officer at a later stage in respect of the notice of reassessment. To put it in other words, having regard to the entire scheme and the purpose of the Act, the validity of the assumption of jurisdiction under Section 147 can be tested only by reference to the reasons recorded under Section 148(2) of the Act and the Assessing Officer is not authorized to refer to any other reason even if it can be otherwise inferred or gathered from the records. The Assessing Officer is confined to the recorded reasons to support the assumption of jurisdiction. He cannot record only some of the reasons and keep the others upto his sleeves to be disclosed before the Court if his action is ever challenged in a court of law.
verifying the fact that it is case of reopening of the assessment - Whether there was sufficient or any tangible materials available on record ... Having regard to the materials on record, it cannot be said that there is total non-application ... The expression “tangible material” does not mean the material alien to the original record ... opinion that the income chargeable to tax has escaped assessment after independently verifying all the details of available on record
India - Gujarat
10. Vinay Kumar Mishra VS Union of India Thru. Its Zonal Director - 24 Jul 20
Court while considering the application for bail with reference to Section 37 of the Act is not called upon to record a finding of not guilty. It is for the limited purpose essentially confined to the question of releasing the accused on bail that the Court is called upon to see if there are reasonable grounds for believing that the accused is not guilty and records its satisfaction about the existence of such grounds. But the Court has not to consider the matter as if it is pronouncing a judgment of acquittal and recording a finding of not guilty.
From the facts available on record, it is the case that the private truck bearing No. ... While advancing his submissions, Sri Mishra has urged that the record does not indicate ... Similarly, where the police officer does not record the information at all, and does not
India - Allahabad