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Veritatis et quasi architecto.

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Judgements

Recording of Barga (2014-04-11)

West Bengal Land Reforms Act, 1955 ----- Recording of Barga ---- Held that in order to establish bargadar in the land of another person, the Bargadar must prove the following : - 1. that he himself... Read More

West Bengal Land Reforms Act, 1955 ----- Recording of Barga ---- Held that in order to establish bargadar in the land of another person, the Bargadar must prove the following : -
1. that he himself is cultivating land from his own sources;
2. that he shares crops with the land owner, in the proportion provided in the Act and such factum of sharing of crops must be established by documentary evidence, namely receipt;
3. that in case of refusal to accept the share crops by the land owner, he must deposit the same to the credit of the land owner with the concerned Block Land and Land Reforms Officer and obtain a receipt;
4. that in case of refusal to grant receipt against tendering of share crops, the bargadar has to lodge a complaint before the Magistrate under Section 19A (2A) of the West Bengal Land Reforms Act.

West Bengal Land Reforms Act, 1955. S. 19A (2A) ----- Lodging of complaint ----- Held: therein that lodging of such complaint, prima facie establishes the fact of refusal to grant receipt as Section 19A (2A) of the West Bengal land Reforms Act provides that refusal to grant receipt is a punishable offence and the same is cognizable also. Therefore, the importance of issuance of receipt is well‐understood.

West Bengal Land Reforms Act, 1955; S. 18 ----- Recording of Barga ---- Standard of proof ----- Held: though laws of evidence is not strictly applied in such proceeding but the basic facts regarding cultivation of the petitioners’ land by the respondent No.7 and sharing of produce between them in the same proportion as mentioned in the said Act arerequired to be proved by substantive evidence.

West Bengal Land Reforms Act, 1955; S. 18 ------ Refusal by landowner to accept the share of produce ---- Duty cast upon claimed Barga ----- He should intimate the B.L. & L.R.O. and must deposit the share of crop with the Revenue Officer against receipt ----- Issuance of notice to the Land owners regarding deposit of such share of crops ----- Intimation given to the Pradhan about the refusal to accept the share of the produce by the petitioner, cannot be regarded as due compliance of the provision contained in Section 18 of the West Bengal Land Reforms Act, 1955

Whether Whatsapp forward can be treated as document as per Evidence Act (2017-05-22)

Evidence Act, 1872; ----- Whether Whatsapp forward can be treated as document as per Evidence Act ----- Held: Annexure - A does not even qualify as a document in terms of the Evidence Act, 1872, in... Read More

Presumption of title as a result of possession of Land (2017-03-29)

Land Encroachment Act, 1905; S. 6, 7 – Evidence Act, 1872; S. 90, 110 – Presumption of title as a result of possession, can arise only where facts disclose that no title vests in any... Read More

Protection of Women from Domestic Violence ------ Relief when the complainant/wife failed to prove Domestic Violence (2014-05-05)

Protection of Women from Domestic Violence, 2005; Ss. 18, 19, 20 ------ Relief when the complainant/wife failed to prove Domestic Violence -------- Held: since the learned Magistrate has come to... Read More

Insurance Company repudiated the insurance claim of the appellant citing breach of Condition (2017-10-04)

Consumer Protection Act, 1986; Insurance Company repudiated the insurance claim of the appellant citing breach of Condition No. 1, i.e. immediate information about the loss/theft of the vehicle... Read More

Family settlement of Property (2018-03-23)

Code of Civil Procedure,1908 ; Order XIII, Rule 3 – Indian Stamp Act, 1899 : Art. 45, Sec. 35 – Indian Registration Act, 1908; Sec.17,49 – Hindu Succession Act, 1955... 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.

Owner taken reasonable care to find out driver details

Motor Vehicles Act, 1988; S. 166 -- As to whether the owner has taken reasonable care to find out as to whether the driving licence produced by the driver (a fake one or otherwise), does not fulfil... Read More

Registration of FIR (2013-11-12)

Code of Criminal Procedure, 1973; S. 154 – Registration of F.I.R. – The mandate upon the Police – Held: (i) Registration of FIR is mandatory under Section 154 of the Code, if the... Read More

Code of Criminal Procedure, 1973; S. 154 – Registration of F.I.R. – The mandate upon the Police – Held: (i) Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation. (ii) If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not. (iii) If the inquiry discloses the commission of a cognizable offence, the FIR must be registered. In cases where preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week. It must disclose reasons in brief for closing the complaint and not proceeding further. (iv) The police officer cannot avoid his duty of registering offence if cognizable offence is disclosed. Action must be taken against erring officers who do not register the FIR if information received by him discloses a cognizable offence. (v) The scope of preliminary inquiry is not to verify the veracity or otherwise of the information received but only to ascertain whether the information reveals any cognizable offence. (vi) As to what type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case. The category of cases in which preliminary inquiry may be made are as under: (a) Matrimonial disputes/ family disputes (b) Commercial offences (c) Medical negligence cases (d) Corruption cases (e) Cases where there is abnormal delay/laches in initiating criminal prosecution, for example, over 3 months delay in reporting the matter without satisfactorily explaining the reasons for delay. The aforesaid are only illustrations and not exhaustive of all conditions which may warrant preliminary inquiry. (vii) While ensuring and protecting the rights of the accused and the complainant, a preliminary inquiry should be made time bound and in any case it should not exceed 7 days. The fact of such delay and the causes of it must be reflected in the General Diary entry. (viii) Since the General Diary/Station Diary/Daily Diary is the record of all information received in a police station, we direct that all information relating to cognizable offences, whether resulting in registration of FIR or leading to an inquiry, must be mandatorily and meticulously reflected in the said Diary and the decision to conduct a preliminary inquiry must also be reflected, as mentioned above.

Complaint against developer for delayed possession (2018-04-17)

Consumer Protection Act, 1986; Force Majeure -- Complaint against developer for delayed possession – Developer took the plea of Force Majeure on the ground that Authority failed to supply... Read More

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Judgements

Recording of Barga (2014-04-11)

Whether Whatsapp forward can be treated as document as per Evidence Act (2017-05-22)

Presumption of title as a result of possession of Land (2017-03-29)

Protection of Women from Domestic Violence ------ Relief when the complainant/wife failed to prove Domestic Violence (2014-05-05)

Insurance Company repudiated the insurance claim of the appellant citing breach of Condition (2017-10-04)

Family settlement of Property (2018-03-23)

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

Owner taken reasonable care to find out driver details

Registration of FIR (2013-11-12)

Complaint against developer for delayed possession (2018-04-17)

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Judgements

Recording of Barga (2014-04-11)

Whether Whatsapp forward can be treated as document as per Evidence Act (2017-05-22)

Presumption of title as a result of possession of Land (2017-03-29)

Protection of Women from Domestic Violence ------ Relief when the complainant/wife failed to prove Domestic Violence (2014-05-05)

Insurance Company repudiated the insurance claim of the appellant citing breach of Condition (2017-10-04)

Family settlement of Property (2018-03-23)

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

Registration of FIR (2013-11-12)

Complaint against developer for delayed possession (2018-04-17)

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

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Family Law