81. Duni Chand VS Amar Chand - 13 Dec 22
Section 311 of Criminal Procedure Code, confers upon Court power to summon material witness or examine person present and same does not envisages power to allow a party to place on record documents as was prayer made in application.
on record documents– Accused could not convince Court as to how documents were necessary for just decision of case and on these ... documents which were intended to be placed on record by way of application subsequently filed at relevant time or during course ... documents pertaining to Civil Suit referred therein was maintainable - It being a matter of record that after recording of statement ... of 2016, titled Duni Chand Versus Budhi Prakash and others, as the production of the said record alongwith documents was essential ... the documents which were intended to be placed on record by way of application subsequently filed at the relevant time or during ... The prayer made in the application was to the effect that the applicant intended to place on record the record of Civil Suit No.96
India - Himachal Pradesh
82. M. CHINNA PAPAMMA VS USHA RANI - 16 Feb 22
Photocopies of the documents filed cannot be treated as “proved”. Pre-abolition records are not produced and proved. Even otherwise this Court while exercising functions under Article 226 of the Constitution of India cannot enter into such a seriously disputed question of fact.
The respondent’s perception of fraud is not borne out by the record ... Pre-abolition records are not produced and proved.
India - Andhra
83. M. Nityanandam VS State by The Intelligence Officer, Directorate of Revenue Intelligence - 06 Jun 02
1. Mandate of Section 42 NDPS Act would not apply to the officers coming under Section 41 (2) of the Act.2. Belated retraction of confession recorded under Section 67 of NDPS Act, that too, byt two different contrary reasons would not be of any use to hold that confession recorded from accused was not voluntary .
Consequently, there is no sufficient evidence on record
India - Crimes
84. Jakir Ali VS State of U. P. - 13 Apr 21
Criminal Law – Criminal Trial – Dying declaration – Admissibility of - Dying declaration was recorded by PW-7 within 12 hours of incident after taking certificate of doctor (E.M.O.). Doctor certified that declarant was in a fit state of mind and at that time, PW-7, Executive Magistrate/Naib Tehsildar, doctor, and declarant were present there. After recording dying declaration, doctor recertified that declarant was in a fit mental condition during and after statement.
Let a certified copy of this judgment with record be sent to the trial court ... There is no evidence on record as to whether Jakir married Kutti and appellant no. ... He had questioned the eldest daughter of the deceased but did not record her statement.
India - Allahabad
85. NIPUN SAXENA VS UNION OF INDIA - 11 Dec 18
No person can print or publish in print, electronic, social media, etc. the name of the victim or even in a remote manner disclose any facts which can lead to the victim being identified and which should make her identity known to the public at large. In cases where the victim is dead or of unsound mind the name of the victim or her identity should not be disclosed even under the authorization of the next of the kin, unless circumstances justifying the disclosure of her identity exist, which shall be decided by the competent authority, which at present is the Sessions Judge. FIRs relating to offences under Sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or 376E of IPC and offences under POCSO shall not be put in the public domain. In case a victim files an appeal under Section 372 CrPC, it is not necessary for the victim to disclose his/her identity and the appeal shall be dealt with in the manner laid down by law. The police officials should keep all the documents in which the name of the victim is disclosed, as far as possible, in a sealed cover and replace these documents by identical documents in which the name of the victim is removed in all records which may be scrutinised in the public domain. All the authorities to which the name of the victim is disclosed by the investigating agency or the court are also duty bound to keep the name and identity of the victim secret and not disclose it in any manner except in the report which should only be sent in a sealed cover to the investigating agency or the court. An application by the next of kin to authorise disclosure of identity of a dead victim or of a victim of unsound mind under Section 228A(2)(c) of IPC should be made only to the Sessions Judge concerned until the Government acts under Section 228A(1)(c) and lays down a criteria for identifying such social welfare institutions or organisations. In case of minor victims under POCSO, disclosure of their identity can only be permitted by the Special Court, if such disclosure is in the interest of the child. All the States/Union Territories requested to set up at least one ‘one stop centre’ in every district within one year.
by identical documents in which the name of the victim is removed in all records open to scrutiny by people – The sealed cover can ... – Police directed to keep all the documents in which the name of the victim is disclosed in a sealed cover and replace these documents ... and which should make her identity known to the public at large – Police has to mention name and identity of the victim in its records ... and replace these documents by identical documents in which the name of the victim is removed in all records which may be scrutinised ... cover and replace these documents by identical documents in which the name of the victim is removed in all records which may be scrutinised ... If the Court declines to pass interim or final compensation in the instant case it shall record its reasons for not doing so.
India - Supreme Court
86. In reference Received from Second Additional Sessions Judge, Bhind (M. P. ) VS Ankur @ Nitesh Dixit - 09 Sep 19
(1) Prosecution is duty bound to produce all such documents on record because its responsibility is not to punish somebody but to assist in fair trial.(2) No one can be sent to gallows on the basis of shaky evidence.
on record because its responsibility is not to punish somebody but to assist in fair trial – IO has admitted that there were no ... mandatorily proved specifically in a case of circumstantial evidence – This lacuna attains graver dimensions, as there is evidence on record ... Independent witness of seizure memo has not been examined – Sealing of knife is doubtful – Prosecution was duty bound to produce all such documents ... on record because its responsibility is not to punish somebody but to assist in fair trial. ... available on record and there is no suggestion by the prosecution to the doctors that they had ante-timed the postmortem reports ... There is no material on record
India - Crimes
87. Laghuvarapu Sudharani VS G. Hanumanthu - 14 Oct 20
Point of law: Any person, whether a party to the suit or not, desirous of receiving back any document produced by him in the suit and placed on the records shall, unless the document is impounded under Rule 8, be entitled to receive back the same--
Procedure code, 1908 - Section 151 - Rule 17(2) of Order VII , Order XIII Rule 9, Rule 9(1) - Specific performance - Return of admitted documents ... in case of party to the suit in case of any other person, an ordinary copy which has been examined compared and certified in the ... provided that a document can be returned at any time earlier than prescribed by rule if the same is substituted by a certified copy ... the suit or not, desirous of receiving back any document produced by him in the suit and placed on the records shall, unless the ... "Return of admitted documents:--(1) Any person, whether a party to ... He also submits that the petitioners will substitute the same with the certified copy of
India - Telangana
88. K. Narayanappa VS R. Prakash - 09 May 14
Documents not brought on record in courts below cannot be introduced in Supreme Court.
After inquiry the Trial Court allowed the application and the third appellant herein was brought on record. ... The respondent no.1 herein in support of his plea produced two documents, namely, Ration card and copy of Registration certificate ... This Registration certificate, which is now annexed with the counter affidavit, was not part of record before the Courts below and
India - Supreme Court
89. Ahedul Hussain S/o. Lt. Abdul Samad VS State Of Assam - 21 Jul 22
Point of Law : It would show that Commissioner and Secretary on basis of inconsistencies as regards multiple dates of appointment recorded in different official records had rejected claim of Petitioner.
approval to Petitioner’s appointment, which clearly shows that Petitioner’s appointment was provisionally approved in official records ... Petitioner was a Hindi Teacher in respect to School in question - Completion certificate was issued - There were clear materials on records ... I have heard the learned counsels for the parties and have perused the materials on record. ... The record further reveals that the Respondent No.5 was appointed as a Hindi Teacher of the said school as per Resolution No.1 of ... The record further shows that on 11.04.2013, the Director of Secondary Education, Assam
India - Gauhati
90. Synfonia Tradelinks Pvt Ltd VS Income Tax Officer, Ward-22(4) - 26 Mar 21
Income Tax – Assessment – Issuance of notice - notice under Section 148 was issued by an AO while the order recording reasons was issued by another officer is not borne out from the record – No interference
huge, it does point in direction that order was ante-dated, a final view on this aspect could have only been taken if original record ... levelled against it and did not press this issue during hearing, Court can't reach a definitive view on this aspect of matter based on record ... The case papers shall stand consigned to record. ... We have heard the learned counsel for the parties and perused the record. ... The record presently, before us shows that the notice was issued on 31.03.2018.
India - Delhi