51. Life Insurance Corporation of India VS Afsar Hussain - 05 May 22
Absence of original record - In the absence of the original record, and in the absence of any inquiry by the insurance co., and in the absence of clarity regarding the nature and source of the record (in whichever way and whichever manner available) on the basis of which the insurance co. is agitating the matter, Commission does not find it feasible or worthwhile to delve deeper into this issue while in revisional jurisdiction after concurrent findings of the two fora below.
(the petitioner herein) and for the complainant (the respondent herein) and have perused the record ... The original record of the two (02) policies in question has been reported to be misplaced
India - Consumer
52. Roshan Lal Sharma VS Wattan Singh Dogra - 01 Aug 16
Photocopy of a document is not admissible in evidence until or unless original record of such document is produced or examined.
admissible in secondary evidence—Photocopy of a document is not admissible in evidence until or unless original record of such document ... misplacement of document or that same is/was in possession of either adversary party of applicant or executant thereof should be proved on record—Certified ... copy of document is legally admissible in evidence—In case of a registered document also, it is certified copy thereof which is ... On analysing the rival submissions and also the record, it is amply clear that the petitioner has filed a petition for eviction of ... document or that the same is/was in possession of either adversary party of the applicant or executant thereof should be proved on record ... If the records have been tampered and fictitious documents were produced before the High
India - Current Civil Cases
53. Kailash Thakur VS Bhirachi Computers - 27 Jul 15
State Commission cannot decide appeal without getting proper documents on record.
It is pointed out by learned counsel for the petitioner, that before the State Commission, respondent has placed on record
India - Consumer
54. Devendra Singh VS State Of U. P. - 15 Dec 20
T.E.T. certificate for the examination of 2011 that he submitted is on record at page number 44 of the paper book. It is the said certificate that is required to be verified from the original records of the board.
Neeraj Kushwaha’s punctilious examination of Board’s record, which he has scripted in his report with commendable clarity. ... A hard copy of the roll number records carrying serials of the roll numbers in the vicinity of the ... The records produced howsoever, bulky shall be a wholesome record and not some truncated ... It figures on record that on 27.06.2020, the petitioner stated his case before the District Inspector of Schools through
India - Allahabad
55. Ram Bihari Yadav VS State of Bihar - 20 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. ... shows that investigating officers created a mess by bringing on record Exh. ... Ram (P.W. 11) could find P.W. 2 to record his statement and F.I.R. was got lodged through him.
India - Crimes
56. Central Public Information Officer, Supreme Court of India VS Subhash Chandra Agarwal - 13 Nov 19
The Chief Justice and the Judges together form and constitute the ‘public authority’, that is, the Supreme Court of India. Chief Justice of India is the head of the institution and neither he nor his office is a separate public authority. Same applies to High Courts.Right to information is not absolute. Prohibitory stipulations in Clauses (a), (b), (c), (f), (g), (h) and (i) of section 8(1) incorporate absolute exclusions. On the other hand, Clauses (d), (e) and (j) of Section 8(1) incorporate qualified prohibitions and are conditional and not absolute exemptions. Disclosure u/s 8(2) by the public authority is not mandatory or compulsive but discretionary.One’s right to information and other’s right to privacy and confidentiality both must be harmonized.PIO has to weigh the advantages and benefits of disclosing the information with the possible harm or injury to the third party on the information being disclosed. The questions of transparency and openness in judicial appointments, and confidentiality of deliberations cannot be answered in absolute terms.In matters of information on declaration of assets by the judges of the Supreme Court fiduciary relationship rule in terms of clause (e) to Section 8(1) is inapplicable.Right to speech and expression - Includes right to information. There is an urgent requirement for integrating the principles of data protection into the right to information jurisprudence.Independence of judiciary though not a new concept, its meaning is still imprecise.Section 8 balances interests between privacy right of individuals whose information may be disclosed and broader public interest in ensuring transparency, accountability and an informed electorate.Right to Information Act, 2005 being a legislation to pursue a legitimate state aim of ensuring, transparency and accountability of government and an informed electorate, is Constitutionally valid.Certain category of information such as medical information, details of personal relations, employee records and professional income can be classified as personal information.Broad principles as to how the phrase “public interest” is to be understood laid down. PIO should record reasons for denying discloser.The information with respect to which judges of the Supreme Court have declared their assets does not constitute the “personal information” of the judges and does not engage the right to privacy. The contents of the declaration of assets would fall within the meaning of “personal information” and the test set out under clause (j) of clause (1) of Section 8 would be applicable along with the procedure under Section 11. The basis for the selection and appointment of judges to the higher judiciary must be defined and placed in the public realm. Substantive standards which are borne in mind must be formulated and placed in the public realm.
The respondent Subhash Chandra Agarwal had moved two applications before the CPIO, Supreme Court of India: (1) to furnish a copy ... The Chief Justice should make a similar declaration for the purpose of the record. ... , records; (ii) taking notes, extracts or certified copies of documents or records; p align=" ... , records; (ii) taking notes, extracts or certified copies of documents or records; (iii) taking certified samples of material; (
India - Supreme Court
57. In The Matter of : Amit Goyal VS State - 22 Feb 22
Point of Law : Settlement Deed was taken on record by the concerned Court and after recording the statement of the complainant, acknowledging receipt of the amount of Rs.23 lacs and giving no-objection to the grant of interim bail, the applicant was directed to be released on interim bail vide order.
I have heard learned counsels for the parties and perused the entire material placed on record. ... From a perusal of the material placed on record, it is borne out that the allegations against the present applicant are only with ... The Settlement Deed was taken on record by the concerned Court and after recording the statement of the complainant, acknowledging
India - Delhi
58. Col. S. J. Chiwdhary VS State through C. B. I. - 25 Jan 84
The prosecution is bound to supply copies of all the statements of the witnesses relied upon by it-Even if recorded more than once-of such witnesses as contemplated under Section ]61(3) of Criminal Procedure Code 1973 whether recorded in a police diary or otherwise.
Officer to expert about scene of occurrence -Supplied script of tape conversation but not the duplicate cassette&- Not supplied the copy ... Mohinder Singh and others2, it is laid down as under: "If the police officer does not record the statements of all or some of the ... statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record ... thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose, save as hereinafter
India - Crimes
59. Tanauwwar Nabi Khan VS Rashikahmed - 08 May 98
Important PointWhere in order to settle the matter in issue, the most essential finding on the question as to who was the authorised person on behalf of landlord at the relevant time and whether any intimation was ever communicated by the landlord either to the erstwhile tenant or to the Rent Control and Eviction Officer about the alleged change of authorisation for them to comply with the requirement of law, was not recorded either by the RCO and also by the High Court which has necessarily to be recorded before applying the law as laid down in Rules 9(3) and 8(2) r/w Section 16(1)(a) and proviso to Section 16(1) of U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972, the matter would be remanded back to RCO for deciding afresh the question of validity of allotment order.
What facts are on record? ... Before drawing any inference of violation of the aforesaid provision, it is necessary to record a clear finding on facts. ... finding given by RCO in review, that the finding recorded by previous RCO who passed allotment order was based on no material on record-High ... What facts are on record? ... This is revealed by his signatures which he put on the Courts record. ... This apart, the consent is also on record given by the said Atique Ahmed.
India - Supreme Court
60. Government of Andhra Pradesh Thr. Principal Secretary VS Pratap Karan - 09 Oct 15
When all plaintiffs having equal shares in the suit property join in the suit and any of them dies during appeal before High Court, his non-substitution by his legal heirs will not abate the appeal in entirety because the estate will be fully and substantially represented by the other sharers as owners of the suit property. Letters Patent, wherever applicable, shall prevail over section 98, CPC.When the name of the original owner was recorded as owner of the suit property even in Record of right duly prepared in the year 1954-55 as evident from khasra-pahani, sudden removal of his name and substitution with name of State all of a sudden without any proceeding for Survey Settlement proceeding or preparation of record of right is illegal.
– Plaintiff-respondents filing suit for correction and rectification of record of right in respect of S.No.613 measuring 373.22 ... and substitution with name of State all of a sudden without any proceeding for Survey Settlement proceeding or preparation of record ... Jagirs) Regulation, 1358 Fasli – Section 17 and 18 – Suit land recorded as self cultivated land of Raja Shivraj Bahadur – Even in Record ... A-6(Vasool Baqui Record), Exh. ... According to the learned Judge, mere marking of documents such as Ex.A-5, certified copy of Sethwar relating to Sy.No.613 of Nadergul ... Record as the owner which is evident from khasra-pahani.
India - Supreme Court