Documentary Evidence Archives

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.

Cases Reported Never 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.

Case Briefs High 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

Op Eds OP. ED.

Addressing Pendency of Cases in Odisha

by Murali Karnam† and Trijeeb Nanda††

Case Briefs Supreme 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

Case Briefs District 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

Case Briefs Supreme 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

Case Briefs High 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.

Case Briefs High 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

Case Briefs High 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.,

Case Briefs District 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

Case Briefs Tribunals/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

'Lex Mercatoria' by Hasit Seth Experts Corner

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

by Hasit B. Seth †

Cite as: 2021 SCC OnLine Blog Exp 42

Case Briefs High 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

Case Briefs High Courts

SCC Times

Documentary Evidence

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

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

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

Addressing Pendency of Cases in Odisha

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

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

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

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

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

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

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

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

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

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

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

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

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