
11. Brahmanand VS State of Rajasthan - 08 May 12
During the course of trial of a criminal case, the trial court is empowered to take the documents on record if they are tendered. In evidence. An affected person cannot be shut-out or restrained from producing material document(s) during the course of the evidence if the police chooses not to place the same on record.
During the course of trial of a criminal case, the trial court is empowered to take the documents on record if they are tendered ... restrained from producing material document(s) during the course of the evidence if the police chooses not to place the same on record ... impugned order has committed no error in allowing the application filed by the complainant-respondent No.2 for taking the document on record ... on record if they are tendered in evidence. ... of the proceeding initiated by the petitioner No.1 under Section 9 of the Hindu Marriage Act, to be taken on record. ... for the petitioner submits that there is no provision in law, as per which the complainant can be permitted to file a document on record
India - Crimes
12. Vikky VS State of H. P. - 02 Aug 21
Under Section 207, Cr.P.C., accused is entitled to copy of statement under Section 164 Cr.P.C. only after concerned Court takes cognizance of offence. Still, there is no restriction or bar on an investigating agency to bring statements recorded under Section 164 Cr.P.C. to notice of concerned Court by handing over its copies or placing them on record along with status report.
bring statements recorded under Section 164 Cr.P.C. to notice of concerned Court by handing over its copies or placing them on record ... (A) Criminal Procedure Code, 1973 – Section 207 read with Section 164 – Supply of documents to accused – ... Under Section 207 Cr.P.C., accused is entitled to copy of statement under Section 164 Cr.P.C. only after concerned Court takes cognizance ... the statements recorded under section 164 CrPC to the notice of the concerned Court by handing over its copies or placing them on record ... Copy Dasti. Petition allowed. ... cognizance and issuance of process that the accused is entitled, in terms of Sections 207 and 208 of the Code, to copies of the documents
India - Crimes
13. Abnash Kaur VS Surinder Singh Sandhu - 10 Feb 12
Recording of Evidence--Whenever the evidence is recorded by the Commissioner it will be advisable that there should be simultaneously at least an audio recording of the statement of the witnesses so as to obviate any controversy at a later stage.Recording of Evidence--Contention that examination-in-Chief of a witness has always to be by way of affidavit to be tendered in Court and no commission could be appointed for recording the same is totally misconceived.
Another important aspect, which is required to be dealt with is regarding the manner, the Commissioner is to record ... (4) The Commissioner may record such remarks as it thinks material respecting
India - Punjab
14. Jagdish Chandra Chandulal Shah VS State of Gujarat - 26 Aug 88
Public records kept in state of private documents are public documents and certified copies may be produced in proof of the contents of such public documents.
- Public records of the private documents would be public documents -- Certified copies of such documents can also be produced in ... – The documents are the certified copy of the sale - deed of the disputed land and other is the certified copy of the plaint in ... proof of the contents of these private documents of which public records are kept - However, whenever the question of execution ... be copies of private documents kept in the public record, they would be public documents and hence the contents thereof can be proved ... a public document as it forms part of the record, as held by the High Court in the case of Mohmed Sahabudin v. ... Book 2 "Record of reasons for
India - Crimes
15. Jatinder Pal Singh VS Krishan Kishore Bajaj - 29 Oct 18
Electronic Record – Certificate of Authenticity – Unless the authenticity of the electronic record is pleaded and established by the party seeking to lead in evidence the electronic record, the same cannot be permitted by the Court. Electronic Record – Section 65-B of Evidence Act insists for certificate qua the authenticity of electronic evidence; without making any distinction of ‘Primary’ or ‘Secondary’ evidence, unlike the other documentary evidence.Electronic Record – Section 65-B of the Evidence Act has laid down a strict test to ascertain the authenticity of the creation or the recording of the information – Therefore, this provision regarding their admissibility has to be mandatorily followed
Out of these, Ex.D1 is the Pen Drive, Ex.D2 is the CD with regard to Ex.D1 and Ex.D3 is the transcription of the documents
India - Punjab
16. Thontla Masthan Reddy VS State of Andhra Pradesh - 10 Dec 20
Point of law: Property is acquired, it is only an intimation to the concerned authorities for registration and mutation of properties in the name of the petitioner and to issue pattadar pass book. In view of the above submissions and as per Section 5 of Andhra Pradesh Record of Rights in Land and Pattadar Pass Books Act, 1971 the Act, the authorities shall carry out amendments in the Records of Rights
Constitution of India,1950 - Article 226 - Andhra Pradesh Record of Rights in Land and Pattadar Pass Books ... Act - Sections 5, 4, sub-section (3) and 9 - Amendment and updating of Record of Rights - Seeking to declare the action of respondent ... of rights under sub-section (1) or sub-section (2) issue a notice in writing to all persons whose names are entered in the record ... of rights, the [Mandal Revenue Officer] shall carry out the said amendment in the record of rights. ... of rights may be amended in consequence therefor and shall carryout the amendment in the record of rights in accordance with such ... of rights under sub-section (1) or sub-section (2) issue a notice in writing to all persons whose names are entered in the record
India - Andhra
17. Ravinder Singh VS High Court of Punjab and Haryana, Chandigarh - 19 Jul 18
Service Law – Judicial Officer – Adverse Remarks – If there are civil consequences, necessary and reasonable opportunity should be given to concerned person before recording adverse remarks.Service Law – Judicial Officer – Spoken Reputation – It cannot be relied upon to record adverse remarks and at the most, it has to be treated as 'advisory' and in any case not an adverse remarks.Service Law – Judicial Officer – Adverse Remarks – In absence of any specific complaint the administration Judge cannot record that officer does not have good reputation.Service Law – Judicial Officer – False Complaint – Duty of High Court – It is imperative that the High Court should take steps to protect honest judicial officers by ignoring ill- conceived or motivated complaints made by unscrupulous lawyers and litigants.
nbsp;(D) Service Law – Adverse Remarks – Judicial Officer – In absence of any specific complaint the administration Judge cannot record ... Spoken Reputation – (i) the term 'spoken reputation' is having very dangerous consequences – Therefore, it cannot be relied upon to record ... reasoning or in the alternative, the petitioner should have been given opportunity to meet those allegations by way of furnishing copy ... room during winter spell to improve the working of the record room. ... The record to be so considered would naturally include the entries in the confidential records ... Therefore, CJM was made incharge of the Judicial Record Room.
India - Punjab
18. Kaliya VS State of Madhya Pradesh - 23 Jul 13
Important PointLaw does not provide who can record a dying declaration, nor is there any prescribed form, format, or procedure for the same. The person who records a dying declaration must be satisfied that the maker is in a fit state of mind and is capable of making such a statement.*******
could not be traced and prosecution was permitted to adduce secondary evidence—No illegality in taking din g declaration proved on record ... The court is obliged to examine the probative value of documents produced in court or their contents and decide the question of admissibility ... When the party gives in evidence a certified copy/secondary evidence without proving the circumstances entitling him to give secondary ... could not have been exhibited and taken on record. ... There is ample evidence on record particularly, the statement of Dr. B.L. Jain (PW.16) and F.A. ... The original record reveal that as the original dying declaration was not traceable/available, the prosecution was permitted to adduce
India - Supreme Court
19. RAKESH KARWA S/O SHRI RAM GOPAL KARWA VS STATE OF ASSAM - 21 Oct 22
Section 227 of the Code runs Discharge - If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.
More, learned counsel for petitioner, left this court unimpressed - And accordingly, Court is unable to record concurrence with same ... taking recourse to Section 309(1) Cr.P.C - Registry shall send down LCR, to learned court below, by a special messenger with a copy ... Discharge - If, upon consideration of the record of the case and the documents submitted therewith ... on record and the record of learned court below and the impugned order of framing charge dated 08.12.2013, and also carefully gone ... And accordingly, I am unable to record concurrence with the same.
India - Gauhati
20. Parsanni VS Sube Singh - 09 Feb 11
Compensation--Medical bills--Authenticity and admissibility--Proof of--The production of the bills relating to the purchase of medicines during the period of hospitalization and oral evidence given by the party about purchasing of medicines ought to be taken as sufficient proof of authentication and admissibility of these documents.Compensation--Medical bill or hospital record--Admissibility--Presence of doctors or the chemists must be confined only to extraordinary situations where the documents are seriously in doubt.
(F) Motor Vehicles Act, 1988--Compensation--Medical bill or hospital record ... In her hospital record, her age was shown to be 70 years. ... The summoning of the documents from lawful custody or copy of the document duly authenticated ... which are maintained in the government hospitals in the regular course of business require no more proof and a mere copy produced
India - Punjab