AI Overview...
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Roving and Fishing Inquiry Prohibition - Courts consistently emphasize that the power to summon documents should not be used for a roving and fishing inquiry, which is considered impermissible. Such inquiries are disallowed during initial stages like framing of charges or investigations, to prevent fishing for unspecified evidence Bliss Refrigeration Pvt. Ltd. VS Naseeb Alam - Delhi, Aptec Advanced Protective Technologies Ag vs Union Of India - Delhi, Ishwar Dass VS State of Himachal Pradesh - Himachal Pradesh, The Central Intelligence Officer VS The Commission of Inquiry (Marad Incidents) - Kerala, Vicon Developers Pvt. Ltd. VS Sanjay Shrimal - Chhattisgarh, RAM KAWAR HUF Vs M/S SMC GLOBAL SECURITIES LIMITED - Delhi, State of Orissa VS Debendra Nath Padhi - Crimes, 20th CENTURY FOX CORPORATION (INDIA) PVT. LTD. VS F. H. LALA AND ANOTHER - Bombay, M. Sivasamy VS Vestergaard Frandsen - Delhi, State Of Orissa VS Debendra Nath Pandhi - Supreme Court.
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Specific Document Production Restrictions - Courts have set aside orders for the production of documents when such production is sought without clear relevance or during stages where such fishing expeditions are deemed inappropriate. The courts stress that document production should be targeted and relevant, not exploratory or fishing in nature Bliss Refrigeration Pvt. Ltd. VS Naseeb Alam - Delhi, Aptec Advanced Protective Technologies Ag vs Union Of India - Delhi, 20th CENTURY FOX CORPORATION (INDIA) PVT. LTD. VS F. H. LALA AND ANOTHER - Bombay.
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Legal Framework and Limitations - Under legal provisions like Section 91 of the Criminal Procedure Code, the process of summoning documents is permissible when necessary, but it is not to be used as a tool for a fishing or roving inquiry. The law prescribes that the inquiry must be focused and relevant, especially during critical stages like framing charges State of Orissa VS Debendra Nath Padhi - Crimes, State Of Orissa VS Debendra Nath Pandhi - Supreme Court.
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Court Decisions and Clarifications - Multiple rulings have clarified that courts should prevent the misuse of powers to summon documents for fishing expeditions, emphasizing that such practices undermine the integrity of legal proceedings. Orders for document production are to be specific and justified, not broad or exploratory Bliss Refrigeration Pvt. Ltd. VS Naseeb Alam - Delhi, M. Sivasamy VS Vestergaard Frandsen - Delhi.
Analysis and Conclusion:
The consensus across these sources underscores that courts do not permit fishing or roving inquiries into documents, especially during preliminary or critical stages like framing of charges or investigations. Orders for document production must be specific, relevant, and justified, with courts actively setting aside or refusing broad or exploratory requests to maintain procedural integrity and prevent misuse of powers.
Search Results for "Production of Documents Not to be Allowed for Fishing Inquiry"
• India - Delhi
SUNITA GUPTA
and not for a fishing inquiry. ... Final Decision: The court set aside the order for production of documents, clarifying that specific documents may be required ... the controversy and set aside the order for their production. ... The workman cannot be permitted to have a roving and fishing inquiry. ... of documents....
2025 0 Supreme(Del) 287 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
NAVIN CHAWLA, SHALINDER KAUR
... ... Result: The appeal was allowed, and the impugned judgment was set aside. ... The arbitrator dismissed applications for document discovery, leading to the appeal. ... an 'Award' and thus not subject to challenge under Section 34. ... of a fishing and roving inquiry. ... Peacock Industries Ltd., AIR 1995 Del 144 The production of these documents cannot be #HL_STA....
2018 0 Supreme(HP) 154 • India - Himachal Pradesh
SANDEEP SHARMA
production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other ... CRIMINAL - SECTION 91 CRPC - SUMMONS TO PRODUCE DOCUMENT OR OTHER THING - APPLICATION FOR PRODUCTION OF DOCUMENTS - REJECTION ... PETITION ALLOWED. ... roving or fishing inquiry or is making a request ....
2005 0 Supreme(Ker) 205 • India - Kerala
CYRIAC JOSEPH, K.PADMANABHAN NAIR
The Commission was also allowed to add the Intelligence Bureau as a party to the enquiry and serve them interrogatories or questionnaires ... The Commission was also allowed to add the Intelligence Bureau as a party to the enquiry and serve them interrogatories or questionnaires ... of intelligence reports related to the Marad incidents before the Commission of Inquiry. ... A summons to produce ....
2020 0 Supreme(Chh) 387 • India - Chhattisgarh
SANJAY K.AGRAWAL
It also held that the accused cannot seek production of documents to prove their defense at the initial stage of framing the charge ... The petitioners filed applications for dismissal of the complaint and production of documents, which were rejected by the trial Magistrate ... of documents at the initial stage. ... It would also have to be borne in mind that law does not permit a roving....
2024 Supreme(Online)(DEL) 10327 • India - High Court of Delhi
The court emphasized that the power to summon documents should not be used for a roving or fishing inquiry and that the petitioner's ... Ratio Decidendi: The court held that the power to summon documents should not be used for a roving or fishing inquiry and ... The court emphasized that the power to summon documents should #HL_START....
• India - Crimes
Y.K.SABHARWAL, D.M.DHARMADHIKARI, TARUN CHATTERJEE
Further, at the stage of framing of charge roving and fishing inquiry is impermissible. ... Section 91 presupposes that when the document is not produced process may be initiated to compel production thereof. ... station can also direct production thereof. ... It would also have to be borne in mind that law does not permit a roving or fishing #HL_START....
1973 0 Supreme(Bom) 29 • India - Bombay
V.S.DESHPANDE, P.M.MUKHI
A party cannot be permitted to embark on a fishing or roving inquiry in the hope that some material will come to hand on the basis ... Final Decision: The court allowed the petition and set aside the Industrial Tribunal's order for production of documents. ... and ascertain whether inspection should be allowed. ... In other wards, there must be a proper inquiry on the ....
2009 0 Supreme(Del) 854 • India - Delhi
MUKUL MUDGAL, VALMIKI J.MEHTA
and fishing inquiry is not permissible - Impugned order, set aside - Learned Single Judge may first device a procedure to ensure ... as to how the information, documents, data base etc. of which production is sought and which pertain to the product of the defendants ... information alongwith copyright in a product FENCE, which is an insecticidal netting (disease control textiles) - Discovery and #HL_START....
2004 8 Supreme 568 • India - Supreme Court
Y.K.SABHARWAL, D.M.DHARMADHIKARI
Further, at the stage of framing of charge roving and fishing inquiry is impermissible. ... Section 91 presupposes that when the document is not produced process may be initiated to compel production thereof. ... invoke Section 91 to seek production of any document to show his innocence. ... It would also have to be borne in mind that law does not per....
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