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Veritatis et quasi architecto.

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Voluptatem accusantium doloremque laudantium, totam rem aperiam, eaque ipsa quae ab illo inventore veritatis et quasi architecto. Beatae vitae dicta sunt explicabo. Nemo enim ipsam voluptatem quia voluptas sit aspernatur

Judgements

Whether the name of father is mandatory in passport (2016-05-17)

Passport Act – Whether father’s is mandatory in Passport --- Being divorced the wife brought up the child as single mother -- Biological father had completely abdicated his... Read More

A complainant can file an application for special leave to appeal against an order of acquittal of any kind only to the High Court (2016-09-01)

Negotiable Instruments Act, 1881; S. 138 ---- Whether the petitioner being victim complainant was entitled to prefer the appeal against judgment and order of acquittal in the Court of the learned... Read More

having history of hypertension does not lead to conclusion that petitioner was also having previous history of heart problem (2010-08-31)

Consumer Protection Act, 1986; After purchase an overseas travel insurance policy the Petitioner was underwent Coronary Bypass Graft Surgery and thereby spent 12,005 pounds -- Respondent repudiated... Read More

Whether conditions printed at back of rent receipt constitute agreement between landlord and tenant (2005-09-19)

Agreement ----- Whether conditions printed at back of rent receipt constitute agreement between landlord and tenant? Held: it cannot be said on the basis of what is printed on the back side of... Read More

Permanent Alimony - Legally and Factually sustainable (2018-04-17)

Hindu Marriage Act, 1955; S. 13 - Whether the award of permanent alimony of Rs.15,00,000/- by the Family Court to the respondent(wife) was legally and factually sustainable -- Held:... Read More

Evidence Act - Electronic record (2014-09-18)

Evidence Act, 1872; S. 65B (2) – Electronic record -- Specified conditions --
(i) The electronic record containing the information should have been produced by the computer during the period over which the same was regularly used to
store or process information for the purpose of any activity regularly carried on over that period by the person having lawful control over the use of that computer;
(ii) The information of the kind contained in electronic record or of the kind from which the information is derived was regularly fed into the computer in the ordinary course of the said activity;
(iii) During the material part of the said period, the computer was operating properly and that even if it was not operating properly for some time, the break or breaks had not affected either the record or the accuracy of its contents; and (iv) The information contained in the record should be a reproduction or derivation from the information fed into the computer in the ordinary course of the said activity.;

Evidence Act, 1872; S. 65B (4) – Electronic record -- Conditions to be fulfilled --
(a) There must be a certificate which identifies the electronic record containing the statement;
(b) The certificate must describe the manner in which the electronic record was produced;
(c) The certificate must furnish the particulars of the device involved in the production of that record;
(d) The certificate must deal with the applicable conditions mentioned under Section 65B(2) of the Evidence Act; and
(e) The certificate must be signed by a person occupying a responsible official position in relation to the operation of the relevant device.

Evidence Act, 1872; S. 65B (4) – Electronic record – Certificate -- The person issuing certificate needed only to state in the certificate that the same is to the best of his knowledge and belief -- Such a certificate must accompany the electronic record like computer printout, Compact Disc (CD), Video Compact Disc (VCD), pen drive, etc., pertaining to which a statement is sought to be given in evidence, when the same is produced in evidence.

Evidence Act, 1872; S. 65B (4) – Electronic record -- If an electronic record as such is used as primary evidence under Section 62 of the Evidence Act, the same is admissible in evidence, without compliance of the conditions in Section 65B of the Evidence Act.

Admissibility of public document - Secondary evidence of content of document when the original public document is lost or destroyed (2000-08-10)

Evidence Act, 1872; S. 65 (C) and (f) – Admissibility of public document – Secondary evidence of content of document when the original public document is lost or destroyed – Held:... Read More

Non-appearance of the complainant (2016-02-29)

Code of Criminal Procedure, 1973; S. 256 -- Negotiable Instruments Act, 1882; S. 138—Whether dismissal of complaint due to non-appearance of the complainant amounts to acquittal of the accused... Read More

Amendment of plaint after a final decree is passed in a suit for partition (2009-02-12)

Code of Civil Procedure, 1908; O. 6 R. 17 ----- Amendment of plaint after a final decree is passed in a suit for partition ----- application for amendment of a mistake, said to be a clerical one, in... Read More

Whether Magistrate can interfere into investigation (2007-12-07)

Code of Criminal Procedure, 1973; S.156----Whether Magistrate can interfere into investigation ------ Held: Section 156(3) provides for a check by the Magistrate on the police performing its duties... Read More

Code of Criminal Procedure, 1973; S.156----Whether Magistrate can interfere into investigation ------ Held: Section 156(3) provides for a check by the Magistrate on the police performing its duties under Chapter XII Cr.P.C. In cases where the Magistrate finds that the police has not done its duty of investigating the case at all, or has not done it satisfactorily, he can issue a direction to the police to do the investigation properly, and can monitor the same. (Para 15)

Code of Criminal Procedure, 1973; S.156----Whether Magistrate can order for reopening of investigation ------ Held: the Magistrate can order re-opening of the investigation even after the police submits the final report; (Para 16)

Code of Criminal Procedure, 1973; S.156---- Whether Magistrate can interfere into investigation ------ Held: In our opinion Section 156(3) Cr.P.C. is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an F.I.R. and of ordering a proper investigation if the Magistrate is satisfied that a proper investigation has not been done, or is not being done by the police. Section 156(3) Cr.P.C., though briefly worded, in our opinion, is very wide and it will include all such incidental powers as are necessary for ensuring a proper investigation. (Para 17)

Code of Criminal Procedure, 1973; S.156---- Whether Magistrate can interfere into investigation ------ Held: we are of the view that although Section 156(3) is very briefly worded, there is an implied power in the Magistrate under Section 156(3) Cr.P.C. to order registration of a criminal offence and /or to direct the officer in charge of the concerned police station to hold a proper investigation and take all such necessary steps that may be necessary for ensuring a proper investigation including monitoring the same. Even though these powers have not been expressly mentioned in Section 156(3)
Cr.P.C., we are of the opinion that they are implied in the above provision.
(Para 24)

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Judgements

Whether the name of father is mandatory in passport (2016-05-17)

A complainant can file an application for special leave to appeal against an order of acquittal of any kind only to the High Court (2016-09-01)

having history of hypertension does not lead to conclusion that petitioner was also having previous history of heart problem (2010-08-31)

Whether conditions printed at back of rent receipt constitute agreement between landlord and tenant (2005-09-19)

Permanent Alimony - Legally and Factually sustainable (2018-04-17)

Evidence Act - Electronic record (2014-09-18)

Admissibility of public document - Secondary evidence of content of document when the original public document is lost or destroyed (2000-08-10)

Non-appearance of the complainant (2016-02-29)

Amendment of plaint after a final decree is passed in a suit for partition (2009-02-12)

Whether Magistrate can interfere into investigation (2007-12-07)

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Judgements

Whether the name of father is mandatory in passport (2016-05-17)

A complainant can file an application for special leave to appeal against an order of acquittal of any kind only to the High Court (2016-09-01)

having history of hypertension does not lead to conclusion that petitioner was also having previous history of heart problem (2010-08-31)

Whether conditions printed at back of rent receipt constitute agreement between landlord and tenant (2005-09-19)

Permanent Alimony - Legally and Factually sustainable (2018-04-17)

Evidence Act - Electronic record (2014-09-18)

Admissibility of public document - Secondary evidence of content of document when the original public document is lost or destroyed (2000-08-10)

Non-appearance of the complainant (2016-02-29)

Amendment of plaint after a final decree is passed in a suit for partition (2009-02-12)

Whether Magistrate can interfere into investigation (2007-12-07)

Popular judgement tags

Legal Help | Legal Advice | Legal Forum | Legal Question and Answers

Popular forum tags

All categories

Top TagDivorce

QUESTIONS

ANSWERS

Top CategoryFamily Law

WHAT WE OFFER

Top Tag
Divorce

Top Category
Family Law