AI Overview...
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Public Document - No Proof Required - Certain public documents are recognized under law as needing no further proof for admissibility or evidentiary value. The Indian Evidence Act and various legal provisions specify that public documents, once properly certified or recognized, do not require additional proof to establish their authenticity Tukaram S. Dighole VS Manikrao Shivaji Kokate - Bombay.
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Departmental Enquiry - Evidence Not Always Necessary - In disciplinary proceedings, the facts may be established without producing evidence, as per departmental rules. The mere production of documents can suffice for establishing facts, without the need for proof beyond their existence H. M. T. LIMITED VS CHAYA SRIVATSA - Karnataka.
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Proof of Execution and Signatures - Secondary Evidence and Consent - When a document is admitted as a public document, the necessity of proving signatures or execution may be relaxed if consent to admission is given. Secondary evidence like certified copies can be admissible without proving the original, provided proper procedures are followed Karuppanna Thevar (died) VS Rajagopala Thevar - Madras.
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Evidence in Property and Public Transactions - Certified Copies and Public Records - Courts recognize that certified copies of public records or documents, such as resolutions or government orders, are sufficient to establish facts, especially when objections are not raised timely. This facilitates efficient proof in cases involving public documents Mohanlal Kisanlal Agrawal VS Ajitnath Jain Shetambar Mandir Trust through its Trustee Shri Bhushan Mangilal Jain - Bombay, Indian Auto Gas Company Limited, Rep by its Chief Executive Officer, Chennai VS K. Radha Lakshmi - Madras.
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Subletting and Admission - Admission by Notice - Subletting in rental law can be proved by admission, such as notice, without the need for further proof. Once admitted, the burden shifts, and the subletting need not be proved through additional evidence Lawrence & Mayo (India) Pvt. Ltd. VS Life Insurance Corporation of India - Current Civil Cases.
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Burden of Proof - Evidence and Material - The prosecution or party relying on documents must prove their case beyond reasonable doubt. If a document is not produced or relied upon, its evidentiary value is diminished, and the burden remains on the party asserting its truth Ajitbhai Ravandas Patel VS State of Gujarat - Gujarat.
Analysis and Conclusion
The overarching principle from these sources is that certain public documents are deemed self-proving or require no additional proof to be admissible, simplifying legal proceedings. The law recognizes the authenticity of public records, certified copies, and official documents, reducing procedural burdens. However, in cases involving private or secondary evidence, proper proof and adherence to legal procedures remain essential. This framework aims to streamline evidence presentation in public and administrative matters while maintaining judicial integrity.
Search Results for "Public Document Need Not to Provve"
2003 0 Supreme(Kar) 397 • India - Karnataka
S.R.NAYAK, K.RAMANNA
Subsequently, the respondent was selected as Chief Public Relations Manager by the management and her willingness was sought. ... During the proceedings, on CSE's request, three more documents were produced by PO, which were taken as M-50 to M-52. While examining MW-11 one more document was produced which was taken as M-53. ... The facts need not be established in the departmental enquiry by the disciplinary authority by producing "evidence" to prove the facts, as per the provisions of....
2008 0 Supreme(Bom) 101 • India - Bombay
NISHITA MHATRE
It is true that a public document need not be proved. ... and since it is a public document, it need not be proved. ... But this is not sufficient. A public document need not be proved under the Indian Evidence Act. ... The submission of the learned counsel is that since the VHS cassette is a public document which n....
1974 0 Supreme(Mad) 41 • India - Madras
RAMANUJAM, V.RAMASWAMI
PUBLIC DOCUMENT - PROOF OF EXECUTION - SIGNATURE - NECESSITY. ... PARTITION - ORAL PARTITION - PROOF - EVIDENCE - ADMISSIBILITY - CONSENT TO MARKING OF DOCUMENT - EFFECT - SECONDARY EVIDENCE - ... not proved. ... The consent of the party for marking the document only relieves the plaintiff of his obligation to prove that the original is a public document within the meaning of Section 74. ... If this has to be admitted in evidence it would have to be ....
2004 0 Supreme(Kar) 682 • India - Karnataka
K.L.MANJUNATH
See, Karnataka Transparency in Public Procurement Act, 1989 - Sections 23 & 25. ... nbsp;Rejection of tender ... KARNATAKA TRANSPARENCY IN PUBLIC ... R-1 to hear the petitioner before rejecting the tender document of the petitioner. ... However, because the State or a public body or an agency of the State enters into such a contract, there could be, in a given case, an element of public law or public interest involved even in such a commercial transaction. 10. . . . . 11. ... So far a....
1987 0 Supreme(Raj) 9 • India - Rajasthan
M.C.JAIN
Public Prosecutor stating that the endorsement of admission was made on the document by slip of pen, document may be read as not ... admitted—Can not nullify the admission of the document—Acquitted. ... Public Prosecutor—Subsequently application filed by another Add. ... Public Prosecutor Shri N. L. Kachh-ara. On his admission, the document was exhibited as Ex. D/9. When the document was admitted, it was ....
2019 0 Supreme(Bom) 347 • India - Bombay
MANISH PITALE
document - Report written by bailiff on reverse of said document could certainly not be said to be a public document under Section ... document cannot be treated as a public document and that it will have to be proved by respondent in accordance with law - Burden ... recorded in said order that all public documents be marked as exhibited - It is relevant that say response of petitioner was not .......
2011 0 Supreme(Bom) 7 • India - Bombay
B.P.DHARMADHIKARI
When a certified copy of already exhibited document i.e. resolution was being produced, the decision not to object may be deliberate ... in clause (g) of Section 13(1), by Bombay Act 61 of 1953 to advance the cause of public charity by not allowing it to suffer for ... copy of already exhibited document produced-No proof or objection can be taken afterwards in Court of appeal. ... It found in paragraph no.15 that no objection was raised regarding the mode of proof and effort to prove t....
2013 0 Supreme(Mad) 1474 • India - Madras
R.S.RAMANATHAN
Ratio Decidendi: The court emphasized that the petitioner could have obtained certified copies of public documents and that ... The petitioner sought to summon records and officials to prove that the plaintiffs ceased to be owners of the property after it was ... The court also considered the relevance of various government orders and the effect of possession not being taken by the government ... Similarly, the witnesses summoned by the petitioner are not necessary to prove the conten....
• India - Current Civil Cases
JYOTIRMAY BHATTACHARYA
under the law—Landlord need not go to box first to prove subletting as subletting is admitted by notice—No interference with impugned ... Public Premises (Eviction of Unauthorized Occupants) Act, 1971—Sections 4, 5 and 7—Eviction—Admitted sub-letting—No hard and first ... not be proved—Allegation regarding subletting by tenant in favour of petitioner, need not be proved by establishment—Once subletting ... It is a settled principle of law that admission need....
2012 0 Supreme(Guj) 705 • India - Gujarat
RAJESH H.SHUKLA
Finding of the Court: The Court found that the document at mark 69/1 was not produced but was shown to the witness ... The Petitioners argued that the documents relied upon by the Court below were not accepted and that the offence under Section 406 ... for the prosecution to prove the case beyond reasonable doubt based on material and evidence on record. ... He submitted that if the prosecution has not relied up on some document then such document ....
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