101. State of Madhya Pradesh VS Anil Kumar - 25 Oct 05

In an appeal against acquittal, the appellate court is required to consider whether the findings recorded by Trial Court are perverse and contrary to evidence on record.

No other view held possible from evidence on record. Charge against Respondent was not proved beyond reasonable doubt. ... The Trial Court after ... appreciation of evidence on record acquitted ... appreciation of evidence — View taken by trial Court not wholly unreasonable or perverse — No other view possible from evidence on record ... After hearing rival contentions of the learned counsel for the parties we have minutely perused and scrutinized the evidence on record ... C1) was found near the dead body of the deceased and was seized from the spot and on the basis of the evidence on record, the trial ... There is no evidence on record

India - Crimes

102. Kashmir Singh VS Joint Development Commissioner - 26 Apr 06

Shamilat Deh - Land recorded as ‘Shamilat Deh Hasab Hissa Andraj Shijra Nasab’. Therefore, the land which is recorded as ‘Shamilat Deh’ in the revenue records in terms of Section 2(1)(g) of the 1961 Act is ‘Shamilat Deh’ and mention of Hasab Hissa Andraj Shijra Nasab i.e ‘as per share in the pedigree table’ is not of any significance as land has not been partitioned

Therefore, the land which is recorded as ‘Shamilat Deh’ in the revenue records in terms of Section 2 (1) (g) of the 1961 Act is ‘ ... . are taken on record. ... and material on record. ... After considering the matter and the documents on record it has been brought out that in

India - Punjab

103. RAJENDRABHAI CHATURBHAI PATEL VS STATE OF GUJARAT - 26 Aug 16

: Considering the record FIR lodged by the respondent no. 2 would be maintainable in accordance with law.

as well as counter foil of the cheques in his own writing and thereafter were produced before the Civil Court--- Considering the record ... of Section 195 CrPC---Findings of the Civil Court are against the petitioner for Hawalla---Not only in the instant case forged documents ... It also appears from the documents produced on record that the copy of the Accounts Statement ... Copy of the counter foils of cheque nos. 279639 & 279640 are also produced on record. ... 2 are produced on the record.

India - Gujarat

104. Shakkeer M. K. VS State of Kerala - 13 Aug 14

: In the case of rape the statement recorded under Section 164 of the Code of a prosecutrix has to be kept in secret till the final report is filed.

(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

105. Molvi Allah Ditta VS State th. SHO P/S Surankote - 27 Jul 18

Whenever an objection is raised during evidence taking stage regarding the admissibility of any material or item of oral evidence the trial court can make a note of such objection and mark the objected document tentatively as an exhibit in the case (or record the objected part of the oral evidence) subject to such objections to be decided at the last stage in the final judgment.

were liable to be taken on record. ... were complaints given by him to police—Trial Judge disallowed petitioner’s application seeking to place on record two admitted documents ... but allowed cross-examination of witness qua documents in question—Revision—Complainant had admitted contents of documents in cross-examination—Documents ... on record. ... mentioned in the application on record. ... to be put to the witnesses, though it does not provide whether such documents should be already on the court record or can be produced

India - Crimes

106. Mauji Lal VS State of U. P. - 15 Mar 22

If only reconstruction is not possible to facilitate the High Court to hear and dispose of the appeals and the further course of retrial and fresh adjudication by the Sessions Court is also rendered impossible due to loss of vitally important basic records-in that case and situation only, the direction given in the impugned judgment shall operate and the matter shall stand closed.

as record reveals that he had received said lower court record during his posting as clerk – Whether papers regarding Sessions Trial ... Penal Code, 1860 - Section 302/34 and 323/34 - Appeal against Conviction – Offence of Murder - It was reported by office that the Record ... Room, Kanpur Nagar, vide report informed through the C.J.M. concerned that the lower court record in Sessions Trial No. 189 of 1978 ... stamp, court fees, original documents, papers forming part of the record, certified copy of each documents and papers with regard ... the stamp, court fees, original documents, papers forming part of the record, certified copy of each documents and papers with regard ... Notice shall be issued to Officer of the record room of the concerned District to provide the duplicate copy of the original records

India - Allahabad

107. Dalip Kumar VS State of Rajasthan - 25 Sep 12

Rule 12 reveals that this rule provides a complete code in which “inquiry” referred to in Section 7A of the Act about determination as to the age of a juvenile is to be conducted and if any of the documents referred to in this rule is available on record then no further evidence is required to be taken.

I have considered the submissions made on behalf of the respective parties and also gone through the record made available for my ... was submitted by the learned counsel for the petitioner that there is ample evidence, oral as well as documentary, available on record ... referred to in this rule is available on record then no further evidence is required to be taken and the court on the basis of the

India - Crimes

108. Hanumantha Mogaveera VS State of Karnataka by Women Police Station, UDUPI - 23 Apr 21

(1) Statement recorded under Section 164 of Cr.P.C. made in the course of investigation by the victim child, cannot be considered as evidence recorded under Section 35 of POCSO Act.(2) If there is a delay in recording evidence of child, Special Court has to give reasons for delay. Reasons must be strong enough for being accepted.(3) Non-compliance of Section 35 of POCSO Act cannot be basis for releasing accused on bail as that would be a misreading of provision.

Section 207 of Cr.P.C. deals with supply to the accused of copy of police report and other documents, while Section 173 of Cr.P.C ... including electronic records produced for the inspection of the Court, such documents are called documentary evidence. ... On a reading of sub-section (1) of Section 35 of the POCSO Act, it is observed that there is a mandate for the Special Court to record

India - Crimes

109. V. Safarullah S/o. Koya Kunji VS Gracy Josephine Lambie W/o. Andrew Rodger Lambie - 07 Dec 20

The missing of the record was not brought to his notice, before Ext P8 was endorsed and Exts P5 to P7 were returned. The learned District Judge has informed that the certified copy cannot be issued as the Will as it cannot be traced out. This is against the directions and procedure prescribed in the Official Memorandum.

while the document was in 'custodia legis'-The Record Clerk had no authority to return Exts P5 to P7-The certified copy cannot be ... Civil Rules of Practice, Kerala, 1971- Chapter VII- Missing of the record -Will has been misplaced/lost ... Statement of facts:What is the procedure to be followed by a Court when a case record ... The said reason was not mentioned by the Record Clerk in the copy application. ... In the said circumstances, the petitioner filed Ext P5 copy application, Ext P6 Vakalath and Ext P7 list of documents before ... , as in the index paper it is endorsed that record was kept in a sealed cover with the Sheristadar.

India - Kerala

110. Ananta Bhowmik VS Prafullya Mondal - 20 May 11

(1) It is settled principle of law that while a case is based on circumstantial evidence, each and every circumstance is to be established to the hilt and all the circumstances are supposed to be linked with each other in order to form a chain which irresistibly and unmistakably lead to the only conclusion that the none but accused committed the offence. (2) When it is found that Trial Court has taken entire evidence on record in its true perspective and was not oblivious of material evidence while recording acquittal, Court should not and must not set aside the same by exercising its revisional jurisdiction.

Upon consideration of the evidence on record

India - Crimes