91. Sannareddy Yugandhar Reddy, S/o S Munirami Reddy VS State of Andhra Pradesh - 05 Oct 21
Point of law: Advising the petitioner to settle the dispute in civil court, as it is a title dispute by the third respondent issuing the impugned proceedings is failure to discharge public duty by the Tahsildar under Andhra Pradesh Record of Rights in Pattadar Passbook Act is limited being a recording authority.
title dispute by third respondent issuing impugned proceedings is failure to discharge public duty by Tahsildar Andhra Pradesh Record ... procedure prescribed Section 5 of Act and Rules 16 to 19 of Rules framed Act and mutate name of owner and possessor of land in revenue record ... deed in his favor as such petitioner is in possession and enjoyment of said land - While so during computerization of manual land records ... of land record i.e. adangal of Doravarisatram Village submitting that total extent of land recorded in Sy.No.86/13 is Ac.11-6700 ... of land record i.e. adangal of Doravarisatram Village submitting that total extent of land recorded in Sy.No.86/13 is Ac.11-6700 ... of land record i.e. adangal of Doravarisatram Village submitting that total extent of land recorded in Sy.No.86/13 is Ac.11-6700
India - Andhra
" The detenue has been properly supplied with the vital documents and he has accepted it as evidenced from his endorsement in the last page of the detention order." The crime records of the detenu would reveal that he is not a person who could be controlled by the ordinary provisions of law hence the detenu was kept under preventive detention invoking the provisions of the KAAPA." No bar in initiating the detention order, if the detenu continues his anti-social activities in the society-If he repeated the criminal activities hence the Government could take necessary steps to detain the detenu considering his earlier prejudicial activities.
Facts of the case: ... The petitioner is the mother of the detenu -The records ... The recitals in the record would show that no ingredients to attract the offence were made ... The learned counsel for the petitioner contends that Ext.P1 order is vitiated by errors apparent on the face of the record and there ... The record would also show that the respondent State was justified in passing the detention
India - Kerala
93. Paranjothi Udyar and Others VS State and Others - 25 Apr 75
Provision regarding furnishing of statements recorded and documents to accused mandatory.
No. 3 of 1974 and issued summons to the petitioners and the other accused and on the appearance of all the accused, a copy ... offence is triable exclusively by the Court of Session, the Magistrate shall without delay furnish to the accused free of cost, a copy
India - Madras
94. Kolambil Hamza Haji VS State of Kerala Represented by the Secretary to the Health and Family Welfare Department - 07 Aug 20
The Act, 1940 and the Rules, 1945 were brought into force to control and regulate the manufacture, sale etc. of the drugs-The drugs are not dispensed by the licensee, without adhering to the provisions of the Act and the Rules and the licence conditions- It is evident from the documents produced and the order passed by the authority that sufficient opportunities were provided to the appellant to rectify and refine himself, apart from being explicit that the previous violations were similar and typical in nature, that the drugs were dispensed, without prescriptions and maintaining relevant records.
We are also of the view that the findings rendered were absolutely on the basis of facts available before the authorities on record
India - Kerala
95. Collector, Bilaspur VS Ajit P. K. Jogi - 13 Oct 11
Power under clause 5(b) of Article 338 of Constitution does not entitle the National Commission for Scheduled Castes and Scheduled Tribes to hold an inquiry in regard to caste status of any particular individual, summon documents, and record a finding that his caste certificate is bogus or false. If such a complaint was received about deprivation of rights and safeguards, it would have to refer the matter to State Government or authority concerned with verification of caste/tribal status, to take necessary action.
, and record a finding that his caste certificate is bogus or false- If such a complaint was received about deprivation of rights ... b) of Article 338 not entitled the Commission to hold an inquiry in regard to caste status of any particular individual, summon documents ... ; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy ... , and record a finding that his caste certificate is bogus or false. ... Therefore even though the Commission was not entitled to hold an inquiry and record a finding that first respondent did not belong
India - Supreme Court
96. Arun Munshaw Huf VS Income Tax Officer, Ward - 13 Jan 20
Court should be guided by reasons recorded for reassessment and not by reasons or explanation given by Assessing Officer at a later stage in respect of notice of reassessment. To put it in other words, having regard to the entire scheme and the purpose of the Act, validity of assumption of jurisdiction under Section 147 can be tested only by reference to reasons recorded under Section 148(2) of Act and Assessing Officer is not authorized to refer to any other reason even if it can be otherwise inferred or gathered from records – Assessing Officer is confined to recorded reasons to support assumption of jurisdiction.
The reasons show that on scrutiny of record the Assessing Officer noticed that during the ... of which is not placed on record, in spite of being specifically called for from the assessee at the time of hearing) : (a) that ... Thus, having regard to the position of law and the materials emerging from the record of the case
India - Gujarat
97. Chairman, Indian Space Research Organisation VS Central Government Industrial Tribunal-cum-Labour Court, Ernakulam - 29 Jul 22
It is settled law that additional documents placed on record cannot be examined for first time by this Court while deciding veracity of preliminary order/award-rendered by Industrial Dispute Act.
Findings of the Court:All these documents are required to be proved following principles ... During the pendency of the writ petitions some additional documents have been placed on record in support of the grounds taken in ... (iii) The additional documents placed on record cannot be looked into ... It is settled law that the additional documents placed on record cannot be examined for
India - Kerala
98. Mrigendra Singh VS Sohan Raj Surana - 02 Nov 15
In view of dismissal of appeal, Commissioner’s Report along with photographs produced and any change of situation at site, will not be treated as part of record of appeal and parties’ respective rights will not be affected either ways on basis of said report of Commissioner and documents annexed with it, submitted in pursuance of interim order of coordinate bench, which also stands vacated with dismissal of appeal itself.
Commissioner’s Report along with the photographs produced and any change of situation at site, will not be treated as part of this record ... unsettled by a challenge laid after 40-50 years of the same, otherwise there would be never a finality to those entries in the Revenue record ... appeal and the parties’ respective rights will not be affected either ways on the basis of the said report of Commissioner and the documents
India - Current Civil Cases
99. State of Gujarat VS Shashikant Motibhai Machhi - 08 Feb 17
Important Point:a) High Court can exercise the power or jurisdiction to reverse an order of acquittal in cases where it finds that the lower court has "obstinately blundered" or has "through incompetence, stupidity or perversity" reached such "distorted conclusions as to produce a positive miscarriage of justice" or has in some other way so conducted or misconducted himself as to produce a glaring miscarriage of justice or has been tricked by the defence so as to produce a similar result.b) 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.
Record and proceedings shall be sent back forthwith to the trial court. ... Thereafter issues came to be framed and ultimately, after analysing the evidence on record ... 5.7 From the record, if the other witnesses, who can be said to be material witnesses to
India - Gujarat
100. Ravi Sharma VS Union of India - 28 Feb 89
High Court can review its judgment only if it is shown from the record that any error of fact or law had been committed by the Court.
of such summons to the petitioner - This court assumed mistakenly that a copy of the statement of the petitioner was on the record ... - (Yes) (Para4) - Scope of the power-Held: the court can review its judgment only if it is shown from the record that any error of ... Traffic in Narcotic Drugs and Psychotropic Substances Ordinance 1988 - Section 3(1) - Detention order under - Writ petition - A copy ... It has been now pointed out to me that no copy of the statement of the petitioner was filed on the record and thus, this Court made ... bereft of the copy of the statement of the petitioner and taking the record as it is it cannot be said that any error of law or ... of the statement of the petitioner but unfortunately the said copy of the statement was not placed on the record by the petitioner's
India - Crimes
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