21. Rev. Samuel D. Stephens & Others VS Pastor A. Samuel Ramasamy - 27 Feb 09
Ratio:The accused is entitled to get a copy of the part of the record of a criminal case including unmarked documents filed by complainant to enable him to seek appropriate remedy before the higher forum.
of the record of the Court including unmarked documents to enable him to approach superior Court. ... of such order or of any deposition or other part of the record. ... of the part of the record of a criminal case to enable him to seek appropriate remedy before the higher forum. ... of such order or of any deposition or other part of the record. ... of the part of the record of a criminal case to enable him to seek appropriate remedy before the higher forum. ... - "339: Copies to be given parties:-(1) Copies of any portion of the record
India - Madras
22. P. Gopalkrishnan @ Dileep VS State of Kerala - 29 Nov 19
(1) All documents including “electronic record” produced for inspection of Court alongwith police report and which prosecution proposes to use against accused must be furnished to accused as per mandate of Section 207 of 1973 Code.(2) Furnishing of documents to accused under Section 207 of 1973 Code is a facet of right of accused to a fair trial enshrined in Article 21 of Constitution.(3) When statute is unambiguous, Court must adopt plain and natural meaning irrespective of consequences.
to accused – All documents including “electronic record” produced for inspection of Court alongwith police report and which prosecution ... including electronic records produced for inspection of Court – Contents of memory card/pen drive being electronic record must be ... Memory card/pen-drive – Nature of evidence – Video footage/clipping contained in such memory card/pen-drive being an electronic record ... It may be noted that the electronic record in the form of copy of the alleged video footage of the ... It is crystal clear that all documents including “electronic record” produced for the inspection ... The prosecution records itself would strongly indicate that the mobile phone used to record
India - Supreme Court
23. Samirbhai Madhukantbhai Shah VS State Of Gujarat - 26 Feb 20
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.
was lost from the record of the Sessions Case and it cannot be given to the applicant. ... That, there is no evidence on record to establish the ingredients of Section 120B of the ... There was nothing on record about any intention to kill the deceased by the present applicant
India - Gujarat
24. Kaliya VS State of M. P. - 23 Jul 13
Law 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
India - Crimes
25. Sanjiv Rajendra Bhatt VS State Of Gujarat - 20 Feb 21
The powers so vested with the Court or the learned Magistrate are with the holy purpose of advancement of the interest of justice and it leaves no vesting or arbitrary power upon him. As per Sub-section (3), the Magistrate is enjoined with the duty to record the reasons so doing and the said provision of Sub-section (3) requiring the learned Magistrate to record the reasons can, on the face of it, be said as ruling out any arbitrariness in exercise of the powers and when the provision of the statute is made for exercising of the power for reasons to be recorded for such purpose, that would mean in furtherance to the principles of natural justice.
According to him, the applicant – Original accused No.2 has sought production of various documents enlisted in the applications – ... of such record free of cost. ... Shah would submit that the statement placed on record by accused No.1 Mr. ... the reasons so doing and the said provision of Sub-section (3) requiring the learned Magistrate to record the reasons can, on the
India - Gujarat
26. Md. Sarfaraz @ Bonu VS Union of India - 09 Aug 19
(1) Voluntary statements of appellants recorded under Section 67 of NDPS Act can be used as corroborative evidence to bolster prosecution case.(2) Decision of Supreme Court cannot be assailed on the ground that certain aspects were not considered or relevant provisions were not brought to notice of Court. (3) Technological progress in recording evidence via electronic/video linkage is a boon and ought to effectively utilized to improve quality of dispensation of justice.
[including electronic records] produced for the inspection of the court; such documents are called documentary evidence. ... Coming to the evidence on record, I ... From the evidence on record
India - Crimes
27. X VS S - 18 Sep 20
Important points:The documents relating to the treatment records of a mentally ill person has a material bearing on the case, the court must then consider whether non-production will cause prejudice to the person seeking production. If answers to both the aforesaid questions are in the affirmative only then will the court be justified in ordering production of treatment records of a mentally ill person.
come within the purview and scope of those exceptions, the records of treatment of a person with mental illness cannot be released ... Fall within the seven exceptions mentioned in clause (a) to (g) of Section 23 and not any other-Unless the release of treatment records ... Procedure- Order 16 Rule 6 -Exercise of its powers under Order 16 Rule 6 of the CPC- Family Court is competent to order production of records ... , while issuing notice to the respondents, by our order dated 22.7.2020, we directed the Family Court, Pala to keep the medical record ... If it is found that the documents relating to the treatment records of a mentally ill person ... Subsequently, a certified copy of the order has been obtained and produced in this case as Ext.P5
India - Kerala
28. Triveni Engineering And Industries Limited VS State of U. P. - 20 May 20
Recording of oral evidence.--Oral evidence shall be recorded in a narrative form but the Industrial Tribunal or Labour Court may order any portion of the evidence to be recorded in the form of question and answer.
This exercise shall be concluded within two months from the date of presentation of a certified copy ... The documents shall be accompanied by an accurate list thereof.
India - Allahabad
29. Balasaheb Pandharinath Borade VS Abdulla Mohammad - 21 Dec 05
Application to correct the cheque no in complaint under Section 138 Negotiable Instruments Act could be allowed where cheque and other documents on record supported the application and accused thereby was not being taken by surprise or being prejudiced.
It is one of the defence of the accused that, cheque placed on record
India - Dishonour Of Cheque
30. MISS' A VS STATE OF UTTAR PRADESH - 08 Oct 20
(1) Under no circumstances copies of statements recorded under Section 164 of Cr.P.C. can be furnished till appropriate orders are passed by Court after taking cognizance in the matter. (2) It is only after taking of cognizance and issuance of process that accused is entitled, in terms of Sections 207 and 208 of Code, to copies of documents.
If there is any delay exceeding 24 hours in taking the victim to the Magistrate, the investigating officer should record
India - Supreme Court