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71. Dayamathi Bai VS K. M. Shaffi - 04 Aug 04

Objection as to the mode of proof falls within procedural law, therefore, such objections could be waived. They have to be taken before the document is marked as an exhibit and admitted to the record.

AIR 1966 SC 1457] in support of his submission that a document not admissible in evidence, though brought on record

India - Supreme Court

72. Naved @ Kadeer VS State of U. P. - 25 Nov 20

Point of law: Provisions of discharge and framing of charges comes within Chapter XVIII of Cr.P.C. which is captioned as “Trial before Court of Sessions.” Aforesaid chapter starts from Section 225, which denotes that in every trial the prosecution shall be conducted by the Public Prosecutor before Court of Sessions. Under Section 226 Cr.P.C. duty is entrusted upon the Prosecutor to open the case and he has to describe the charges against the accused, and in support of said charges, he has to state the evidences which he is going to produce to prove the guilt of accused. Thereafter, initial duty of the Court starts to consider the documents submitted with the record and to hear the submission of accused and prosecution under Section 227 Cr.P.C. to ascertain the alleged complicity of accused in the commission of crime

After perusal of the record and hearing the parties, if the Court is of the opinion that there is sufficient ground for presuming ... evident that prima-facie case is made out for framing charges against present revisionist. – Sufficient material is available on record ... cannot be gone into, and the material brought on record by the prosecution, has to be accepted as true. ... I have considered the rival submissions made by learned counsel for the parties and perused the record on board. ... After considering the material available on record, trial court has rejected the discharge application of present revisionist with

India - Allahabad

73. Karthik Gangadhar Bhat VS Nirmala Namdeo Wagh - 03 Nov 17

A party desiring to lead secondary evidence must do so before the Judge recording the evidence. It is the Judge recording evidence who must decide, if any objection as raised, whether or not to admit the secondary evidence in evidence.

requirement of law to move an application for permission to lead secondary evidence—Foundation evidence must be led and court should record ... When a party goes to trial, he may have direct or primary evidence of some documents, and secondary evidence of others. ... (supra) and Yeshwant Rambhau Chondhe (supra) have held that foundational evidence must be led and the Court should record a satisfaction ... , or copy of copy or any other form subject to the condition that the copy is proved to be a true copy of the original. ... is the true copy of the original.

India - Crimes

74. State of Karnataka By Devanahalli Police Bengaluru Rep. by State Public Prosecutor High Court Building Bengaluru VS Chandrashekar S/o. Late Muniyappa - 24 Feb 22

Point of Law : If two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial court.

Because of some evidence it is brought on record ... to cruelty meted out within four walls, their evidence if supported by attendant circumstances and corroborated by evidence on record

India - Karnataka

75. Natarajan VS Manickapillai - 12 Dec 17

Revenue records are not documents of title.

obtained by him under Updating Registry Scheme—Revenue records are not documents of title and entries in revenue papers cannot form ... than what they are actually entitled to as per law—Defendants seem to have put forth their defence only on the basis of revenue records ... As laid down in the above said decisions, it is found that the revenue records are not documents ... However, when it is found that the revenue records cannot be equated to documents of title ... On the other hand, it is only the plaintiff, who has come forward with the copy of the sale

India - Current Civil Cases

76. A. Anand & Another VS A. Perumalsamy & Others - 22 Sep 05

Statement of witnesses recorded in a criminal case cannot be recorded in toto.

Code (V of 1908), O.13, Rules 1 and 2 - Civil Rules of Practice, Rules 74(1) and (2) - Refusal of permission for production of documents ... Upon consideration of contentions of both parties, Impugned Order and other materials on record, ... ; the certified copy of those documents could be well produced. ... the records in M.C.No.6 of 1991, the Application has been filed to send for the documents available in Crl.A.No.346 of 2001, including

India - Madras

77. Tukaram S. Dighole VS Manikrao Shivaji Kokate - 05 Feb 10

1. It is well settled that tape-records of speeches are “documents” as defined in Section 3 of the Evidence Act and stand on no different footing than photographs. 2. A charge of corrupt practice, envisaged by the Act, is equated with a criminal charge and therefore, standard of proof therefor would not be preponderance of probabilities as in a civil action but proof beyond reasonable doubt as in a criminal trial.

of speeches –Admissibility of in an election petition -It is well settled that tape-records of speeches are “documents” as defined ... No relevant material was brought on record to hold that finding by Tribunal was perverse, warranting interference. ... Parliamentary Constituency in the State of Maharashtra-Dismissed by Tribunal observing that though the appellant had placed on record ... In support of the case, one of the documents placed on record by the appellant was a VHS Cassette which, according to him, was obtained ... However, it must be brought on record as evidence. ... The Court must be satisfied, beyond reasonable doubt that the record has not been tampered with.

India - Supreme Court

78. Govind Soni VS State Of U. P. - 15 Dec 20

The settled legal position is that if on the basis of material on record the court could form an opinion that the accused might have committed offence it can frame the charge, though for conviction the conclusion is required to be proved beyond reasonable doubt that the accused has committed the offence. At the time of framing of the charges the probative value of the material on record cannot be gone into, and the material brought on record by the prosecution has to be accepted as true.... Before framing a charge the court must apply its judicial mind on the material placed on record and must be satisfied that the commission of offence by the accused was possible.

basic infirmities, if any. – If on the basis of the material on record, the court could form an opinion that the accused might have ... . – The court has to consider broad probabilities of the case, total effect of the evidence and the documents produced including ... -If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the ... I have heard learned counsel for the revisionist and the learned A.G.A. and also perused the record. ... be gone into, and the material brought on record by the prosecution has to be accepted as true....

India - Allahabad

79. Monish Das VS Rubina Rathore - 14 Dec 21

Domestic violence - Maintenance - Court shall not further investigate or adjudicate into amount of maintenance awarded as the same has again been considered at length by the lower Courts by examining all documents and records, including the income and assets affidavit and at this stage.

on record. ... Close scrutiny of the record reveals that the process server had gone to the house of the Defendant on 8.4.1992, for the final ... learned counsel for Petitioner submitted that despite the directions of the learned Metropolitan Magistrate, there is no proof or record

India - Delhi

80. State VS Selvaraj - 17 Jul 92

Where the learned Sessions Judge has not properly appreciated the evidence and the documents and has come to the conclusions which are perverse and manifestly illegal and grossly unjust, the High Court is justified in interfering with the finding of acquittal recorded by the Sessions Court.

Trial Court drawn on the evidence on record

India - Crimes

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