41. Ashwini Verma VS Geeta Panwar - 12 Aug 21

Production of documents on record – Documents which are not relevant for decision of lis, cannot be summoned on record.

Civil Procedure Code, 1908 – Order 11 Rule 12 read with Section 151 – Production of documents on record ... – Eviction Petition – Documents sought to be summoned by petitioner, except one document that is map of rented property annexed with ... on record as has been dismissed. ... Heard learned counsel for the parties and perused the material available on record. ... Having going through the material available on record, particularly the eviction petition and the rent deed, I am of the opinion

India - Current Civil Cases

42. Ram Bihari Yadav VS State Of Bihar - 21 Apr 98

Important Points1. The probative value of the evidence is the weight to be given to it which has to be judged having regard to the facts and circumstances of each case.2. Generally, the dying declaration u/s. 32(1) of Evidence Act, 1872 ought to be recorded in the form of questions-answers but if a dying declaration is not elaborate but consists of only a few sentences and is in the actual words of the maker, the mere fact that it is not in question-answer form cannot be a ground against its acceptability or reliability.3. The mental condition of the maker of the dying declaration, alert­ness of mind, memory and understanding of what he is saying, are matters which can be observed by any person. But to lend assurance to those factors having regard to the importance of the dying declara­tion, the certificate of a medically trained person is insisted upon. In the absence of availability of a doctor to certify the above-men­tioned factors, if there is other evidence to show that the recorder of the statement has satisfied himself about those requirements before recording the dying declaration, there is no reason as to why the dying declaration u/s. 32(1) of Evidence Act, 1872 should not be accepted.

and they cannot be relied on-Not sustainable in view of the fact that original of alleged 1st dying declaration not brought on record ... shows that investigating officers created a mess by bringing on record Exh. 5/4 and GD Entry 517 and have exhibited remiss and/or ... she died of accident while igniting the oven and that the appellant and D.W. 2 put water on her was belied from the evidence on record ... The original of Exh. 5/4 is not to be found on record. Shri R.B. ... Ram (P.W. 11) could find P.W. 2 to record his statement and F.I.R. was got lodged through him. ... On the same day, P.W. 11 requested Sub-Divisional Judicial Magistrate, Dhan­bad, to record the statement of Smt.

India - Supreme Court

43. Vimla Devi VS National Insurance Company Limited - 16 Nov 18

Orders without assigning any reason are not sustainable.MACT is empowered u/s 166(4) to treat the accident report sent by the P.S. u/s 158(6) as a claim of the victim or his kin.For claims u/s 140 and 163A claimant is not required to prove any wrongful act, neglect or default of the person against whom claim is made.Claim petition is neither a suit nor an adversarial lis in the traditional sense.When the claimants establish the factum of accident, identity of the Truck involved in the accident, identity of the driver and identity of the owner, insurer, period of coverage of insurance and details of FIR; the claim cannot be denied. When appellants referred to the documents at the time of recording evidence but the court did not exhibit them it is only a procedural lapse. Appellants cannot be denied the claim on this ground.

to prove the factum of accident and persons involved therein – Documents establishing identity of the Truck involved in the accident ... and driver of truck remaining ex parte – Insurer not examining any witness – Claimant examining three witnesses – Non-exhibit of documents ... upon ... (f) Administration of justice – Appellants referring to the documents ... Having heard the learned counsel for the parties and on perusal of the record of the case, we are constrained to allow the appeal ... It was held that though the claimants filed the documents but since those documents were not exhibited, the Insurance Company could ... In our view, what more documents could be filed than the documents filed by the appellants to prove the factum of the accident and

India - Supreme Court

44. In the Matter of: Sapna VS State (NCT of Delhi) - 12 Mar 21

Criminal Law - Offence of Causing hurt and House Tress pass – Appeal against Acquittal – Revisional Jurisdiction - Cross-examination - Section 397 of the Code vests the court with the power to call for and examine the records of an inferior court for the purposes of satisfying itself as to the legality and regularity of any proceedings or order made in a case. The object of this provision is to set right a patent defect or an error of jurisdiction or law. There has to be a well-founded error and it may not be appropriate for the court to scrutinise orders, which upon the face of it bears a token of careful consideration and appear to be in accordance with law. If one looks into the various judgments of this Court, it emerges that revisional jurisdiction can be invoked where decisions under challenge are grossly erroneous, there is no compliance with the provisions of law, the finding recorded is based on no evidence, material evidence is ignored or judicial discretion is exercised arbitrarily or perversely. These are not exhaustive classes, but are merely indicative. Each case would have to be determined on its own merits

petitioner and threw away the household goods of the petitioner in her absence and took away the jewellery and other articles and documents ... The learned Additional Session Judge perused the record and found that the order of acquittal ... (ii) PW-2 ASI Gajraj Singh duty officer was examined to prove the copy of FIR and endorsement ... Chawla, learned counsel appearing for the respondent Nos. 2, 3 and 4 and perused the documents.

India - Delhi

45. Thontla Masthan Reddy VS State of Andhra Pradesh - 10 Dec 20

Point of law: once the 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 ... 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 ... take any steps in matter – Finding of the court : Against every order of either making an amendment in 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 ... [Amendment and updating of Record of Rights].-(1) span id="20005348600030003" name="20005348600030003" onClick="selectSent

India - Andhra

46. Mohd. Jalees Ansari VS Central Bureau of Investigation - 11 May 16

Prior approval of District Superintendent of Police before taking up any investigation or recording a confession is mandatory u/s 20-A(1). Confession recorded u/s 15 without said prior approval u/s 20-A(1) would be invalid. Confession of an accused validly recorded in anointer case can be used against him in another case even if the accused is subsequently discharged in the case in which he made the confession. If a series of explosions occurring in different places in identical way is investigated by a single agency and TADA is validly invoked in first case, it can validly be invoked in other cases also. Admissible against the maker, co-accused, abettor or a conspirator can form foundation or basis for conviction of the maker, co-accused, abettor or conspirator. However, guidelines laid down in (1994) 3 SCC 569 on 11.03.1994 should be followed in case of confessions recorded after 11.03.1994.

Section 20-A(1) and 15 – Confessions of A5 and A8 recorded in two cases under the Act – No FIR or other records ... P-164 was also produced on record in support of such assertions. ... Even them we looked for corroboration from circumstances proved on record. ... We do not find anything on record to doubt the correctness of said order Ext. P-160.

India - Supreme Court

47. Satish Gopalkrishna Pillai VS State of Maharashtra and another - 25 Jul 00

Only after the investigation has been concluded and charge-sheet filed that accused becomes entitled-to supply of copies of statement of witnesses recorded under Section 161, Cr. P.C. and of documents and not before.

P.C. and documents given by them to substantiate said statements - Copies of statement of witnesses arid document are to be supplied ... Application by the State for cancellation of anticipatory bail granted to petitioner - Petitioners application for production of Certain documents ... Issuance of certified copy is expedited. Petition dismissed. ... without delay furnish to the accused, free of cost, a copy of each of the following: (i) ....................... ... Supply to the accused of copy

India - Andhra

48. Satish Gopalkrishna Pillai VS State of Maharashtra - 25 Jul 00

Only after the investigation has been concluded and charge-sheet filed that accused becomes entitled-to supply of copies of statement of witnesses recorded under Section 161, Cr. P.C. and of documents and not before.

P.C. and documents given by them to substantiate said statements - Copies of statement of witnesses arid document are to be supplied ... Application by the State for cancellation of anticipatory bail granted to petitioner - Petitioner's application for production of Certain documents ... Issuance of certified copy is expedited. Petition dismissed. ... without delay furnish to the accused, free of cost, a copy of each of the following: (i) ................................... ... Supply to the accused of copy

India - Crimes

49. Jaspal Singh @ Jagpal Singh @ Kala VS State of Punjab - 09 Jan 17

Dying Declaration--Recording of by police officer--Police could record the dying declaration only if Magistrate was not available or there was no time to requisition services of a Magistrate due to precarious condition of victim.

nbsp;(B) Evidence Act, 1872, S.32--Dying Declaration--Recording of by police officer--Police could record ... He further stated that as per record patient had expired on 3.9.2007 at 7.15 P.M. ... Since it stands fully established on record that on the fateful day at about 3.30 P.M. in court ... PW-9 Ravinder Sharma, Clerk, office of District Transport Officer, Patiala had brought the original record relating to registration

India - Punjab

50. Rakesh Khanna VS New Delhi Municipal Council - 07 May 21

Quash of Assessment – Demand notice - Order records to the contrary that no response has been received from the recorded owner with regard to the said notice.

impugned assessment order rateable value been enhanced – Notices - Impugned order suffers from several infirmity in as much as it records ... Copy of the Order be uploaded on the High Court website and be also forwarded to learned counsels ... petitioner is permitted to file additional objections, if any, within a period of six weeks from today alongwith all supporting documents ... senior counsel for the petitioner submits that impugned order dated 26.11.2020 suffers from several infirmity in as much as it records

India - Delhi