AI Overview...
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Ordersheet Conclusiveness - The order sheet's content and signatures are often considered conclusive proof of procedural facts, such as the stage of proceedings or the presence of parties, provided proper signatures are obtained. For example, an unsigned ordersheet was deemed not conclusive, and only signed orders are regarded as definitive Mahant Ramprakash Das Swami VS Assistant Commissioner (i), Devsthan Department, Jaipur (raj. ). - Rajasthan; Jiwan Prasad VS Mahasingh - Madhya Pradesh; Canara Bank, Panjwara Branch VS Urmila Devi - Patna.
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Finality of Orders - Certain orders, like declarations under the Land Acquisition Act, are deemed conclusive proof of specific facts, establishing their finality and binding nature PRAMATHA NATH TALUKDAR VS STATE OF WEST BENGAL - Calcutta.
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Evidence and Procedure - The admission of charges or evidence, such as in disciplinary proceedings, is not necessarily conclusive of guilt; the process requires consideration of the record and proper procedure Santi Chakraborty VS State of West Bengal - Calcutta.
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Mandatory vs. Directory Provisions - The use of the word shall indicates a mandatory provision, but its conclusiveness depends on context; it is not always conclusive and may be subject to interpretation TRIBHUWAN PRASAD VS STATE OF U. P. - Allahabad.
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Due Process and Fair Trial - Ordersheet entries must reflect proper procedure, including signatures and presence of parties, to be conclusive. Orders lacking signatures or proper process are not deemed conclusive proof of facts Mahant Ramprakash Das Swami VS Assistant Commissioner (i), Devsthan Department, Jaipur (raj. ). - Rajasthan; Jiwan Prasad VS Mahasingh - Madhya Pradesh.
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Court’s Discretion and Evidence - Courts often rely on ordersheet entries as conclusive evidence of procedural facts, but their conclusiveness depends on compliance with procedural requirements like signatures and proper recording Jiwan Prasad VS Mahasingh - Madhya Pradesh; Canara Bank, Panjwara Branch VS Urmila Devi - Patna.
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Summary - Ordersheets are generally considered conclusive when properly signed and recorded, serving as definitive proof of procedural stages or facts. However, incomplete or unsigned ordersheets are not conclusive, emphasizing the importance of procedural correctness to establish finality in legal proceedings.
Search Results for "Ordersheet Shall be Conclusive"
1963 0 Supreme(Cal) 9 • India - Calcutta
B.N.BANERJEE
observations: Final Decision: Rule discharged with costs, hearing fee being assessed at 6 gold mohurs -- one-half of which shall ... merely says: "the expression public purpose includes the provision of village-sites in districts in which the appropriate Government shall ... and the opinion and decision of the said Government upon such dispute or difference shall be final and conclusive and binding on the parties hereto. ... If that were not so, it would be meaningless to call a particular piece of evidence con....
1988 0 Supreme(Cal) 275 • India - Calcutta
MAHITOSH MAJUMDAR
The ordersheets are incomplete. The relevant documents as regards the ordersheet are not produced before me. Although Mr. Dutt, the learned Advocate for the respondents, took adjournments on that ground on two diverse dates. ... The admission of a charge cannot be treated as a conclusive proof of guilt as held by the Supreme Court In the case of K.S. Srinivasan v. Union of India, reported in AIR 1958 SC 419. ... 4. ... ... (10)(i) The disciplinary authority shall consider the record of the enquiry and record its finding....
2022 0 Supreme(Raj) 1561 • India - Rajasthan
ASHOK KUMAR GAUR
the ordersheet dated 11.03.2019, finds that initially ordersheet was drawn of dropping the proceedings in the Application No.51/2016 but there was no signature on the ordersheet and later on, ordersheet was drawn on the basis of the information given by the parties that relating to the same Trust, other ... No conclusive order was passed with regard to dismissal in default because as per Order 20 Rule 3 CPC, the order was deemed to have been passed only after signature of the Presiding Officer and there....
2018 0 Supreme(All) 947 • India - Allahabad
AJAY BHANOT
duty is not conclusive on the question whether it is a mandatory or directory provision. ... The word “shall” is indicative of the mandatory nature of the provision, but it is not conclusive. The Hon’ble Supreme Court considered the import and consequences of the word “shall” used by the legislature in different statutes. ... 14. ... Clearly the consequences of using the word “shall” can vary and are not uniform. The mandatory effect of the word “shall” can be diluted depending upon t....
• India - Crimes
DEO NARAYAN THANVI
enacting Section 318 of the Code to pronounce a judgment by proceeding with the enquiry or trial against a person, who does not understand the proceedings, without explaining to the accused the incriminating circumstances appearing against him and without giving him a chance of defence, especially when no conclusive ... In this case, it is revealed from the ordersheet of the learned trial Court dated 22.1.2001 that the accused was unable to reply to questions put to him under Section 313 Cr.P.C. and, therefore, his statement was stayed by virtue of Section....
1963 0 Supreme(Cal) 10 • India - Calcutta
BANERJEE
The Court further held that the declaration under the Land Acquisition Act must be taken as conclusive proof of the fact that the ... The Court also held that the declaration under the Land Acquisition Act must be taken as conclusive proof of the fact that the acquisition ... Final Decision: Rule discharged with costs, hearing fee being assessed at 6 gold mohurs - one-half of which shall be paid ... Where, on the other hand, evidence which is made conclusive is adduced, the Court has no option but to hold that the fact ....
1970 0 Supreme(MP) 107 • India - Madhya Pradesh
BISHAMBHAR DAYAL, P.K TARE
three members were not present during the trial, the mere fact that only the presiding Panch has signed the order sheet is not conclusive ... The learned Civil Judge, who was the revisional authority, thought that the order sheets themselves would be conclusive of the fact. ... The learned Judge also expressed the opinion that it was not proper to look into the register of attendance maintained by the Nyaya Panchayat but, in his opinion, the order sheets would be conclusive of that fact. ... In the circumstances of the case, we direct tha....
2012 0 Supreme(Pat) 1457 • India - Patna
JYOTI SARAN
In the present case, the ordersheet manifests that the matter had been posted for evidence by the plaintiff, meaning thereby the evidence was yet to begin. ... The copy of the ordersheet has been placed on record at Annexure-1 which manifests that the matter was pending at the stage of leading evidence by the plaintiff who is the petitioner before this Court. ... The ordersheet shows that after the recess the suit was dismissed on contest. The copy of the judgment dated 1.4.2006 has been placed on record at Annexure-4 to the supplementary....
2018 0 Supreme(Jhk) 1410 • India - Jharkhand
ANUBHA RAWAT CHOUDHARY
Case – Held, Section 63 of the Santhal Pargana Tenancy (Supplementary Provisions) Act, 1949 provides that no suit shall be entertained ... Thus, there was no conclusive order which was passed by the appellate authority. ... z. Against this appellate order, the petitioners filed revision before the Revisional Authority which was numbered as R.M. ... perusal of the orders of the year 1912-13 as contained in Annexure-1 series it is not clear as to which property the same related to and as to who were the actual persons involved in those cases although in some....
1997 0 Supreme(MP) 667 • India - Madhya Pradesh
C.K.PRASAD
Single factor enumerated may not be conclusive; but the cumulative effect of the aforesaid factors do suggest that the counsel came ... Lower appellate Court, now, shall hear the appeal on merits. ... In the facts and circumstances of the case, there shall be no order as to cost.
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