AI Overview...
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Measurement Book Not Necessary for Admitted Trial - The court held that a trial can proceed without producing the Measurement Book if the parties have admitted the measurements or the relevant facts. The court emphasized that the mere absence of the Measurement Book does not invalidate the trial or the findings, especially when measurements have been admitted or are otherwise established through evidence. State of Assam VS Marino Dredg Co. (P) Ltd. - Gauhati
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Admitted Measurements and Work - When measurements are admitted by the parties, the need for the Measurement Book as evidence diminishes. For example, if the plaintiff admits receipt of certain amounts or measurements, the court can rely on such admissions without requiring the Measurement Book to produce a final trial. GOVERNMENT OF GUJARAT VS R. L. KALATHIA and COMPANY - Gujarat, Hindusthan Steel Ltd. VS R. C. Roy - Patna
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Falsification and Legal Validity - Even in cases involving alleged falsification of the Measurement Book, the trial proceedings are not necessarily vitiated if the evidence or admissions suffice to establish facts. The court can proceed based on admitted measurements or evidence, making the production of the Measurement Book not mandatory. INDU BHUSHAN GHOSH VS THE STATE - Allahabad
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Amendments and Evidence of Measurement - Courts may allow amendments to pleadings or evidence to align measurements with reports or surveys, reducing reliance on the original Measurement Book. Rejection of irrelevant documents and the allowance of amendments facilitate trials without strict dependency on the Measurement Book. ABDUL KALAM vs GOVERNMENT OF KERALA - Kerala
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Court-Ordered Measurement and Evidence - When disputes arise over measurements, courts can appoint Commissioners for joint measurement, but such steps are not always mandatory if parties agree or if measurements are admitted. The absence of joint measurement does not necessarily impede the trial if other evidence is sufficient. Chandkhan Faridkhan Patel VS Mehrunissa Begum - Bombay, Yasin Gulab Shikalkar VS Maruti Nagnath Aware - Current Civil Cases
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Legal Proceedings and Measurement Evidence - The necessity of the Measurement Book depends on the context; in contractual or civil cases, admitted measurements or evidence can suffice, making the physical production of the Measurement Book unnecessary for a valid trial or judgment. Hindusthan Steel Ltd. VS R. C. Roy - Patna, AGENCY FOR DEVPT OF AQUACULTURE KERALA vs T V THOMAS Advocate - B ASHOK SHENOY, ,B ASHOK SHENOY,K V GEORGE,NISHITHA B BHAT,C G PREETHA,P N RAJAGOPALAN NAIR,THOMAS P MAKIL - Kerala
Analysis and Conclusion:
Based on the cited cases and legal principles, the production of the Measurement Book is not strictly necessary to produce an admitted trial. Courts can proceed effectively with evidence of measurements that parties admit or establish through other credible means. The emphasis is on substantive evidence and admissions rather than procedural strictness regarding the Measurement Book, especially when its absence does not impair the fairness or validity of the proceedings.
Search Results for "Measurement Book Not Necessary to Produce Admitted Trial"
2009 0 Supreme(Gau) 268 • India - Gauhati
RANJAN GOGOI, BIPLAB KUMAR SHARMA
Money Suit - Execution of dredging work - APWD Code Rule 376 - Correction in Measurement Book - Fresh consideration ordered/p ... , final bill, release of bank guarantee and earnest money, tampering of measurement book, and entitlement of the plaintiff to the ... Ratio Decidendi: The court found that the matter needs fresh consideration, taking into account the relevant Measurement Book ... The plaintiff admitted receipt of Rs. 55,98,500/- in total. He also #HL_START....
2002 0 Supreme(Guj) 755 • India - Gujarat
H.K.RATHOD, K.R.VYAS
Meaning thereby, at the time of recording of the measurements in the Measurement Book, whatever additional work carried out by the ... The plaintiff was not able to justify before the trial court that as per the tender agreement, the plaintiff is entitled to have ... been disclosed by the plaintiff before the trial court. ... It has been admitted by him that whatever measurements recorded by the Executive Engineer in the Measurement....
1950 0 Supreme(All) 178 • India - Allahabad
KIDWAI
The trial was not vitiated by any legal defect as the charge of falsification of the measurement book did not infringe the provisions ... CRIMINAL LAW - TRIAL - JOINDER OF CHARGES - OFFENCE OF FALSIFICATION OF MEASUREMENT BOOK - MULTIPLE ENTRIES CONSTITUTING ONE TRANSACTION ... Ghosh was also charged with falsifying the measurement book by making false entries. ... Ghosh admitted that he prepared ....
2025 Supreme(Online)(Ker) 47300 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. NATARAJAN, J
nature - Summoning of documents rejected due to irrelevance - Trial court to allow amendments and frame necessary issues post-amendment ... 17, Order XI Rules 12 and 14 - Application for amendment of plaint and summoning documents - Dismissal of amendments affecting measurement ... of property and possession denied - Amendment seeks to align measurements as per commissioner's report and does not change the suit's ... Therefore, once the plaintiff filed the application for appointing the Commissioner and....
2019 0 Supreme(Bom) 2053 • India - Bombay
VIBHA KANKANWADI
As this was not done, the Court set aside the previous judgments and ordered the Trial Court to appoint a Court Commissioner for ... joint measurement and to decide the suit afresh. ... Issues: Dispute over measurement and map used as evidence, necessity of joint measurement, and appointment of Court Commissioner ... It was also submitted that there was no joint measurement carried out by the Cadestral Surveyor and therefore Exh.53 which has now been made by the learned Tria....
1987 0 Supreme(Pat) 314 • India - Patna
KRISHNA BALLABH SINHA
Article 18 of the Limitation Act, 1963 - Applicability - Computation of Period of Limitation - Work Done Under Contract - Final Measurement ... The defendant admitted the execution of the agreement and the plaintiff's performance of the work. 2. ... The court held that the plaintiff was entitled to payment for the work done under the contract, as the defendant had admitted the ... It was not necessary for the respondent to appear in the trial court as a witness as his case was #HL_STAR....
2019 Supreme(Online)(KER) 60821 • India - High Court of Kerala
SHIRCY V., J
Final Decision: The appeal by the defendant was dismissed, confirming the trial court's judgment in favor of the plaintiff ... Payment - Contractual Agreement - Not Specified - Summary of the court discussions revolves around the obligations of parties ... Ratio Decidendi: The court ruled that mere production of a no-claim certificate does not absolve the defendant from liability ... When such an endorsement is seen in the measurement book itself, it is not possible to conclude that ....
2000 0 Supreme(All) 1042 • India - Allahabad
S.K.AGARWAL
The witnesses' statements regarding weighment and classification of opium were not authentic and were based on estimations rather ... He has proved the measurement of the land allotted to Raghubeer, the appellant, which according to him was 15 acre. He had further proved that a licence for the above measurement was issued to the appellant. He has produced the field book and entries made in column No. 8 of this book. ... W. 1 is concerned, he has further admitted that ....
1981 0 Supreme(Bom) 173 • India - Bombay
PADHYE
The court found that the prosecution failed to prove the necessary intent for the offenses of criminal conspiracy, cheating, and ... Whether the prosecution proved beyond a reasonable doubt that the accused had the necessary intent to deceive or dishonestly induce ... of the Court: The court found that the prosecution failed to establish beyond a reasonable doubt that the accused had the necessary ... , in any case, what he has admitted is the quantity measurement and not the quality ....
• India - Current Civil Cases
SANDEEP V. MARNE, SANDEEP V. MARNE
(A) Civil Procedure Code, 1908 – Order 26 Rule 9 and Section 11 – Appointment of Court Commissioner for measurement ... Petitioner has failed to refer to provisions of Order 41 Rule 27 of Code in its application for appointment of Court Commissioner for re-measurement ... Admittedly, there is no measurement of those block numbers after its division. PW-2 Dhondoram has admitted during his cross examination that, he has carried out the measurement on the basis of map of block no.137. He has carried out th....
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