31. Veerpal VS State of U. P. - 30 May 20
Dying declaration in question had been recorded by a Judicial Magistrate and the Magistrate had made a note that on the basis of answers elicited from the declarant to the questions put, he was satisfied that the deceased is in a fit disposing state of mind to make a declaration. Doctor had appended a certificate to the effect that the patient was conscious while recording the statement, yet the court came to the conclusion that it would not be safe to accept the dying declaration as true and genuine and was made when the injured was in a fit state of mind since the certificate of the doctor was only to the effect that the patient is conscious while recording the statement. Apart from the aforesaid conclusion in law the court also had found serious lacunae and ultimately did not accept the dying declaration recorded by the magistrate.
in convicting the appellants solely on basis of dying declaration of deceased without there being any corroborative evidence on record ... in convicting the appellants solely on basis of dying declaration of deceased without there being any corroborative evidence on record ... No material was brought on record to justify such a conclusion. ... Moreover, there is evidence on record to show that the deceased was mentally weak. ... Additional Sessions Judge, Mathura after hearing the learned counsel for the parties, evaluating and assessing the evidence on record
India - Allahabad
32. Ayodhya Prasad Umrao VS State Of U. P. - 08 Jul 19
Point of Law : Evidence' recorded during trial was nothing more than the statements which was already there under Section 161 Cr.P.C. recorded at the time of investigation of the case. No doubt, the trial court would be competent to exercise its power even on the basis of such statements recorded before it in examination-in-chief. However, in a case like the present where plethora of evidence was collected by the I.O. during investigation which suggested otherwise, the trial court was at least duty bound to look into the same while forming prima facie opinion and to see as to whether 'much stronger evidence than mere possibility of their (i.e. revisionists) complicity has come on record
learned counsel for the revisionists, Sri Birendra Singh, learned counsel for private opposite party, learned A.G.A. and perused the record ... on record with a view to finding out if the facts emerging there from taken at their face value disclose the existence of all the ... opinion and to see as to whether 'much stronger evidence than mere possibility of their (i.e. revisionists) complicity has come on record
India - Allahabad
33. State Of Gujarat VS Mahendrakumar Parshottambhai Desai (Dead) by L. Rs. - 10 Apr 06
1. Order XLI Rule 27 of the Code of Civil Procedure cannot be invoked by a party to fill up the lacunae in a case.2. When the findings recorded by the trial Court as well as by the High Court are based on the evidence on record, are reasonable and suffer from no illegality, they do not deserve to be interfered with in exercise of jurisdiction under Article 136 of the Constitution of India.
judgment, or for any other substantial cause—High Court held that appellants had sufficient opportunity to bring the evidence on record ... Having considered the entire documentary evidence on record, it reached the conclusion that 53 vighas 18 vasas of land bearing Survey ... 19) ... The High Court has also appreciated the entire evidence on record ... The documents sought to be brought on record are not documents which were discovered latter or came into existence after the filing ... In this record the Jeriff No. of Defendant is mentioned. ... The courts below have exhaustively considered the evidence on record.
India - Supreme Court
34. Gulshan Kumari VS Krishan Gopal - 24 Jan 06
Secondary evidence - Once original record is not available in the record room, its consequences cannot be passed on to the plaintiff.
copy nor Photostat copies of the documents were produced by the petitioner - Whether the order of the trial court is justified? ... NO - Held, When the record is not available, the consequences of the same cannot be passed on to the plaintiff - The order passed ... the plaint and written statement of previous proceedings - Record of the previous suit declining the permission as neither the certified ... record keeper. ... , which are stated to be part of Court record. ... As per the statement of summoned witness, the record is not available.
India - Punjab
35. Hira Devi, Daughter Of Shri Chet Ram VS Kirpa Ram, Son Of Shri Daya Ram - 08 Jul 22
Second Appeal – Interference by High Court - High Court is not required to re-appreciate the entire evidence on record and to come to its own finding when the findings recorded by the Courts below.
account of mis-appreciation of the pleadings and misreading of the oral as well as documentary evidence available available on record ... [Para 2]Finding of the Court:Evidence on record does not substantiate the plea that ... placed on record but also by the oral evidence led by her. ... This is the only document available on record which is executed by Bhagat Ram himself. ... In view of oral and the documentary evidence on record considered in
India - Himachal Pradesh
36. Mahesh Gupta VS Union of India - 01 Apr 06
Search and Seizure - Unless ‘reasons to believe’ were duly recorded before action of search and seizure taken, action of search and seizure is liable to be quashed - Recoding of reasons to believe has to precede the actual action.
Customs Act, 1962 - Section 105, 110 - Search and seizure of goods, documents ... We have considered the rival submissions of the parties and perused the relevant record. ... In the present case, what to talk of respondent themselves producing the records to show recording ... to be illegal and direct the respondents to take steps for release of seized goods within one week from the date of receipt of a copy
India - Punjab
37. Abhilash, s/o. Balan VS State of Kerala - 16 Jul 19
:Rule 22(5) of the 2001 Rules, which prevailed during the relevant time reads as under:“22(5). In every case concerning a juvenile or a child, the Board shall either obtain, -(i) a birth certificate given by a corporation or a municipal authority;(ii) a date of birth certificate from the school first attended; or(iii) matriculation or equivalent certificates, if available; and(iv) in the absence of (i) to (iii) above, the medical opinion by a duly constituted Medical Board, subject to a margin of one year, in deserving cases for the reasons to be recorded by such Medical Board, regarding his age; and, when passing orders in such case shall, after taking into consideration such evidence as may be available or the medical opinion, as the case may be, record a finding in respect of his age.
and only if such documents are not available, other broader proof including the birth certificate need be considered. ... Children) Act, 2000- Rule 22(5) of the 2001 Rules -The age of juvenile has to be determined primarily on the basis of the school records ... such case shall, after taking into consideration such evidence as may be available, or the medical opinion, as the case may be, record ... such case shall, after taking into consideration such evidence as may be available or the medical opinion, as the case may be, record ... provisions of this Act (other than for the purpose of giving evidence) that the said person is a child, the Committee or the Board shall record
India - Kerala
38. Manorma Devi VS Surji Devi - 19 Feb 19
It is upon court in course of pendency of suit to direct any party to bring on record documents lying in his possession or power, relating to any matter in question.
for calling upon certain documents save and except if Court thinks it proper to call upon parties to bring on record relevant documents—Trial ... question for which he has paid consideration amount—It is upon court in course of pendency of suit to direct any party to bring on record ... documents lying in his possession or power, relating to any matter in question—Petitioner or plaintiff is required to prove his ... his case by bringing on record the relevant documents. ... Court thinks it proper to call upon the parties to bring on record the relevant documents, meaning thereby, the discretion lies ... upon the Court to call upon any of the party to bring on record the relevant documents for just and proper adjudication of the issue
India - Current Civil Cases
39. Haresh VS State of Chhattisgarh - 29 Jan 09
At the stage of framing of charge the Court is required to evaluate the material and documents on record with a view to finding out if the facts emerging therefrom taken at their face value disclose the existence of all the ingredients constituting the alleged offence.
on record. ... on record with a view to finding out if the facts emerging therefrom taken at their face value disclose the existence of all the ... on record with a view to finding out if the facts emerging therefrom, taken at their face value, disclosed the existence of all
India - Crimes
40. CENTRAL BUREAU OF INVESTIGATION VS MOHD. PARVEZ ABDUL KAYUUM ETC. - 05 Jul 19
In a case of conspiracy u/s 3, POTA, participation of all conspirators from beginning to end not necessary. Knowledge of the murder or attack on the victim in particular is not a sine qua non.No witness can give a categorical statement as to posture of the deceased or the assailants at the time of firing and it is not for the autopsy doctor to give a vivid description as to how the deceased reacted at the time when gunshots were fired upon him.Ocular evidence can be discarded only when medical evidence completely improbabilises the ocular evidence and not otherwise. Court should not adopt hypertechnical approach in assessing the evidence. Minor discrepancies not going to heart of the matter and shake the basic version of the prosecution witness should be ignored.Mobile call records and email records are corroborative evidence and strong circumstantial evidence.High Court not examining each and every argument of the parties because of the volume of the material - Not a proper approach. Certain confessions made to police officers are admissible u/s 32, POTA subject to safeguards mentioned in the section.To discredit the confessaional statement it is necessary to put it to the person recording the same in cross-examination.Crossexamination is not a matter of procedure but a matter of substance. Mere possession of fire arms in a notified area is an offence u/s 4, POTA.A member of the Executive Committee of CPIL cannot appear as counsel in a writ petition filed by the CPIL.
- Certain confessions made to police officers admissible subject to safeguards mentioned in the section - Held, material on record ... records and email records - Corroborative evidence and strong circumstantial evidence. ... Writ petition (PIL) filed during hearing of criminal appeals on same/similar grounds, oraying for further investigation - Certain documents ... CDR call records of mobile no.9426325774 has been placed on record. ... Secondly, his Section 164 CrPC statement is on record. ... CDR call record had indicated his presence in the area of Law Garden.
India - Supreme Court