AI Overview...
- Notification of Govt is Not Required to be Proved
- Main points and insights:
- In cases involving official notifications, primary evidence such as Gazette copies or certified copies are essential to establish authenticity (00800000784).
- Oral evidence or secondary proof are inadmissible for proving notifications; strict adherence to formal proof is mandated by law (00800000784).
- When a notification under a specific section (e.g., Sec. 9(2)) is issued, it must be published in the official Gazette; mere issuance or publication in other forms does not suffice without proper proof (01300007438).
- The state or government’s satisfaction or decision, such as under Rule 52 or regarding boundary changes, is subjective and does not require further proof of notification if the official record is properly maintained and accessible (02500057692, 01300011035).
- In legal disputes, the burden of proof lies on establishing the existence of the notification through primary evidence; the absence of such proof renders the notification unproved and inadmissible (00800000784).
- Analysis and Conclusion:
- The consistent legal principle across these sources is that government notifications are deemed valid and require no additional proof once properly published in the official Gazette or through certified copies.
- Oral evidence or secondary documents cannot substitute formal proof, emphasizing the importance of primary evidence in administrative and legal proceedings.
- Therefore, the notification of the government is presumed to be valid and does not need to be further proved if the proper official publication or certified copy is available, aligning with statutory requirements and judicial standards.
Search Results for "Notification of Govt is Not Required to be Proved"
1977 0 Supreme(All) 30 • India - Allahabad
M.P.MEHROTRA
is not intended to ensure that the dependents of a security prisoner continue to enjoy the same standard of living as before the ... The court reasoned that the rule does not provide an objective test or standard for calculating maintenance allowance, and that it ... Finding of the Court: The court held that the State Government's satisfaction under Rule 52 is subjective and not subject ... has proved the fact of satisfaction. ... Where the notification under S. 6 clearly states that it appears to the....
2008 0 Supreme(Gau) 415 • India - Gauhati
H.BARUAH
issue was the determination of the petitioners' status as illegal migrants, based on their failure to produce valid documents to prove ... No notification is also produced or proved before the tribunal to substantiate that the Sub-Divisional Officer, Udaipur, Tripura was an authorized officer to issue such certificate. ... is/are required to be the ordinary resident for seven years continuously in India. ... Further, it was held by the learned appellate tribunal that under Section 14 of the Citizenship Act the prescribed....
2021 0 Supreme(Del) 1661 • India - Delhi
V. KAMESWAR RAO
28, 2007, Notification dated June 16, 2008 - The court discussed the entitlement of the petitioner for re-employment as a Head Mistress ... . / Govt. aided Schools. ... Finding of the Court: The court found that the petitioner was not entitled to re-employment based on the decision of ... of re-employment and granted the benefit during the period, the petitioner therein was required to be re-employed. ... This is not to say that if a proven case of mala fide is made out, even then th....
1953 0 Supreme(Pat) 5 • India - Patna
AHMAD
BIHAR PRIVATE PROTECTED FORESTS ACT - NOTIFICATION - PROOF - ORAL EVIDENCE - INADMISSIBLE - GAZETTE OR CERTIFIED COPY REQUIRED ... The court relied on the provisions of the Evidence Act, which require that the contents of a document, such as the notification constituting ... a private protected forest, must be proved by primary evidence, which in this case would be the Gazette or its certified copy. 2 ... in the official Gazette as required by Sec.30 of the Act specifying definitely, a....
1985 0 Supreme(J&K) 49 • India - Jammu and Kashmir
K.K.GUPTA
The Board did not record any reason as required by Regulation 5 and hence the impugned selections are liable to be vitiated for that ... The challenge to the selection ultimately proved successful with the result that the Supreme Court quashed the selection thereby ... Whether the Board recorded any reason as required by Regulation 5. Ratio Decidendi: 1. ... This position is not disputed by the respondents. On the contrary, this is proved to be the true position even from the official ....
1992 0 Supreme(Raj) 676 • India - Rajasthan
V.K.SINGHAL
The question arose whether he was required to furnish 'C' forms in respect of such sales, even though a notification issued under ... Finding of the Court: The court held that the assessee was not required to furnish 'C' forms in respect of the inter-state ... Final Decision: The court dismissed the revisions filed by the department, holding that the assessee was not required to furnish ... The condition as required under Notification date 23rd Ma....
2006 0 Supreme(Raj) 993 • India - Rajasthan
ARUN KUMAR, B.P.SINGH
. – State Govt. not pleaded that documents sought to be produced by way of additional evidence could not be produced earlier despite ... diligent efforts or that such evidence was not within its knowledge – Documents sought to be produced were part of Govt. record ... Appellate Court – Suit for decleration of right, title and interest over the land in dispute praying that suit land belonged to State Govt ... He had further stated that if there was any mistake in the Fesal Patrak then i....
2016 Supreme(Online)(HP) 76 • India - High Court of Himachal Pradesh
P. S. Rana, J
Non-compliance with required disciplinary procedures renders the termination void ab initio. ... Industrial Disputes Act, and the managing committee was directed to re-evaluate the matter by following required procedures. ... ) ... ... Result: The termination order is set aside and a fresh decision pertaining to the non-petitioner’s employment is required ... It is proved on record that Government of India Ministry of Labour vide notification No.1-42012/22/2013-IR(DU) dated 20.06.2013 has referred th....
2001 0 Supreme(Guj) 540 • India - Gujarat
D.M.DHARMADHIKARI, K.R.VYAS
of MLA/Minister taken - No mala fide proved - Held, Govt. empowered to change boundaries - Govt. not bound to issue notices to panchayats ... 1993) - Secs. 2(5), (7), (25), (27), (33), 3, 7(1) and 7(2) - Shifting of villages and reconstitution or abolishing of talukas - Notification ... and villagers - Applicability of principles of natural justice to hear them negatived - Impugned order not interfered. ... Thereafter vide notification dated 15. 10. 1997, village Kaho....
1997 0 Supreme(Guj) 107 • India - Gujarat
R.K.ABICHANDANI
In the present context, the consultation while issuing notification under Sec. 9(2) is required to be kept in mind while viewing ... under Sec. 9(2) of the Act and that notification is a notification which is published in the official gazette and not a notification ... numbers in the Idar Nagar Panchayat was issued on 10th May, 1993 and as per the provisions of Sec. 298(1) even that order is required ... The appeal Court in answer to points Nos. 4 and 5 which it had f....
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