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Documentary Evidence

Recording of evidence
Case BriefsSupreme Court

Recording of evidence is mandatory in disciplinary proceedings involving major punishment: Supreme Court reiterates

Supreme Court said that the High Court fell into grave error of law while interfering in the well-reasoned judgment rendered by the Tribunal whereby, the Tribunal had quashed the order imposing penalty upon the appellant.

Published on November 19, 2024November 20, 2024By Apoorva
Leave a comment2537 views
Electronic Evidence in Focus
Op EdsOP. ED.

Electronic Evidence in Focus: Navigating Legal Shifts in the Law on Electronic Evidence under the BSA, 2023

by Divyansha Goswami†

Published on October 23, 2024October 23, 2024By Bhumika Indulia
2 Comments7358 views
Calcutta High Court
Case BriefsHigh Courts

Age Evidence Must Be Assessed Before Ordering Ossification Test; Calcutta High Court remands Compassionate Appointment Application

The Single Judge failed to consider that the writ petitioner was canvassing his age based on documentary evidence. Such documentary evidence of age was required to be assessed prior to directing the ossification test to be undertaken.

Published on July 1, 2024July 3, 2024By Arunima
1 Comment2613 views
lane private or public
Cases ReportedNever Reported Judgments

Never Reported Judgment | When Supreme Court determined the public or private status of the lane between the houses [(1952) 1 SCC 296]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on use and enjoyment of property.

Published on September 3, 2023September 3, 2023By Simranjeet
Leave a comment5089 views
Bombay High Court
Case BriefsHigh Courts

Bombay High Court upholds acquittal of a driver being accused of negligent driving and death of a bicycle driver for lack of evidence

Strange state of affairs; Neither investigating authority prepared rough map nor Trial Court took pain in recording correct directions for want of evidence

Published on April 6, 2023April 14, 2023By Arunima
Leave a comment2572 views
Op EdsOP. ED.

Addressing Pendency of Cases in Odisha

by Murali Karnam† and Trijeeb Nanda††

Published on December 7, 2022December 7, 2022By Bhumika Indulia
1 Comment2795 views
Case BriefsSupreme Court

Property exclusively in the possession of a person whether to be considered joint family property?: Supreme Court answers

    Supreme Court: In a case where an appeal was filed against the decree of the trial Judge holding that the

Published on November 29, 2022December 1, 2022By Editor_4
1 Comment4186 views
Tis Hazari Court
Case BriefsDistrict Court

Mere phrase ‘abused me in a very filthy language’ does not suffice; Required to prove the nature of abuses to make a case under S. 509 IPC: Delhi Court

    West, Tis Hazari Courts, Delhi: In a case wherein it is alleged that the accused committed the offence punishable under

Published on October 11, 2022By Editor_4
Leave a comment7422 views
Case BriefsSupreme Court

Explained| Determination of Juvenility: Hierarchy of documents that can be relied on; belated plea if can be allowed; Bone ossification test at a belated stage

Supreme Court: The bench of Dinesh Maheshwari and JB Pardiwala*, JJ has observed that the plea of juvenility can be allowed to

Published on September 13, 2022By Prachi Bhardwaj
Leave a comment9612 views
Himachal Pradesh High Court
Case BriefsHigh Courts

Himachal Pradesh High Court | Inability to produce documentary evidence of deceased’s income may not justify adoption of lowest tier of minimum wage for computing Motor Vehicle Accident compensation

Himachal Pradesh High Court: While deciding an appeal against award of Rs. 15,85,000/- compensation to the deceased’s mother, Jyotsna Rewal Dua, J.

Published on August 22, 2022By Editor_4
Leave a comment1630 views
Madras High Court
Case BriefsHigh Courts

A suit cannot be summarily decreed until the claim stands duly proved; Mad HC analyses Rules of Evidence Vis a Vis Order XIII A CPC

Madras High Court: Senthil Kumar Ramamoorthy, J. remarked that a suit cannot be summarily decreed at the instance of a plaintiff unless

Published on June 15, 2022June 15, 2022By Editor_4
Leave a comment4480 views
Case BriefsHigh Courts

Bom HC | In absence of documentary evidence, can monthly income of deceased be determined as notional income for purpose of determining compensation under MV Act? Explained

Bombay High Court: Noting that the Motor Accident Claims Tribunal Member did not properly determine just and proper compensation, V.M. Deshpande, J.,

Published on November 10, 2021November 19, 2021By Bhumika Indulia
Leave a comment5123 views
Patiala House Courts, Delhi
Case BriefsDistrict Court

Law on Dishonour of Cheque | Loan given in cash, no documentary evidence available. Lender files a complaint under S. 138 NI Act: Read how ‘presumption’ under S. 118 (a) plays a role

Patiala House Courts, New Delhi: Prayank Nayak, MM-01 acquitted the accused of offence under Section 138 (dishonour of cheque) of the Negotiable

Published on October 14, 2021October 29, 2021By Bhumika Indulia
3 Comments36580 views
Case BriefsTribunals/Commissions/Regulatory Bodies

CESTAT | What is the role of will/intention in evasion of payment of duty? Tribunal explains

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): Rachna Gupta (Judicial Member) allowed an appeal in relation to evasion of payment of

Published on September 14, 2021September 14, 2021By Editor_4
Leave a comment2097 views
'Lex Mercatoria' by Hasit SethExperts Corner

Impossibility Exception to the Section 65-B(4) Electronic Evidence Certificate

by Hasit B. Seth †

Cite as: 2021 SCC OnLine Blog Exp 42

Published on June 5, 2021October 16, 2021By Bhumika Indulia
1 Comment23158 views
Case BriefsHigh Courts

All HC | In case a public servant has retired, there is no necessity to seek prior prosecution sanction for prosecuting him

Allahabad High Court: Dinesh Kumar Singh, J. dismissed the revision petition on the ground that the impugned order did not suffer from

Published on December 19, 2019December 19, 2019By Bhumika Indulia
Leave a comment3937 views
Case BriefsHigh Courts

Guj HC | Court declines interim relief against blacklisting where petitioner was given full opportunity of being heard

Gujarat High Court: Dr A.P. Thaker, J. declined the prayer for the grant of interim relief after considering the averments and documentary

Published on November 5, 2019November 8, 2019By Bhumika Indulia
Leave a comment2398 views
Case BriefsHigh Courts

MP HC | Documentary evidences must, to prove intention to renew contract and to prevail efficacious remedy under law

Madhya Pradesh High Court: G.S. Ahluwalia, J. dismissed a writ due to lack of merit, where the petitioner challenged the advertisement by

Published on June 4, 2019June 10, 2019By Bhumika Indulia
Leave a comment1897 views
Case BriefsHigh Courts

J&K HC | Lack of medical facilities for ailing petitioner: Consideration for allowing transfer

Jammu and Kashmir High Court: The Bench of Ali Mohammad Magrey, J., allowed the writ petition filed seeking a direction to the

Published on March 13, 2019March 16, 2019By Bhumika Indulia
Leave a comment2317 views

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