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True Colors of a Vile Wife

Tag: Landmark Case

Tiruvengada Mudali Vs Tripurasundari Ammal on 15 February 1926

Posted on January 17, 2020 by ShadesOfKnife

In this landmark judgment by old Madras High Court, it was held that the accusations made in a complaint to Magistrate do NOT have absolute privilege and only have qualified privilege as provided under section 499 of IPC. Such accusations are liable for defamation if NOT protected by exception 8.

Indian Law Review version (Original):

Tiruvengada Mudali Vs Tripurasundari Ammal on 15 February 1926 ILR

Indiankanoon Version:

Tiruvengada Mudali Vs Tripurasundari Ammal on 15 February 1926

Citations: [49 Mad. 728], [A. I. R. (18) 1926 Mad. 906], [1926 (27) Cri LJ 1026], [AIR 1926 Mad 906], [(1926) 51 MLJ 112],

Indiankanoon.org or ILR link: https://indiankanoon.org/doc/1159106/ or http://14.139.60.114:8080/jspui/handle/123456789/21403


The Index for Defamation Judgments is here.


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Madras Judgment or Order or Notification | Tagged CrPC 199 - Defamation IPC 499 - Defamation IPC 500 - Punishment For Defamation Landmark Case Legal Procedure Explained - Interpretation of Statutes No Absolute Privilege Tiruvengada Mudali Vs Tripurasundari Ammal

Thangavelu Chettiar Vs Ponnammal on 1 November 1965

Posted on January 14, 2020 by ShadesOfKnife

Madras High Court held that,

It is clear from what I have stated that the decision is hardly applicable to the facts of the present case. The decision refers to a publication in a paper and it should be proved that the accused was responsible for the publication. But in this case, the defamatory matter contained in the plaint was  admittedly signed and filed by the petitioner. There can be no doubt that there was publication of the defamatory matter.

Thangavelu Chettiar Vs Ponnammal on 1 November, 1965

Citations: [AIR 1966 Mad 363], [1966 CriLJ 1149], [1966 MLJ 1 547], [1965 SCC ONLINE MAD 248], [1966 MAD LJ 1 547],

Indiankanoon.org or Casemine link: https://indiankanoon.org/doc/1735036/


The Index for Defamation Judgments is here.


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Madras Judgment or Order or Notification | Tagged CrPC 199 - Defamation IPC 499 - Defamation IPC 500 - Punishment For Defamation Landmark Case Legal Procedure Explained - Interpretation of Statutes Not Authentic copy hence to be replaced Thangavelu Chettiar Vs Ponnammal

Jaspreet Singh Vs Gurleen Kaur on 06 January, 2020

Posted on January 11, 2020 by ShadesOfKnife

Similar to Kusum Sharma judgment here, Punjab and Haryana High Court also directed all Courts in the twin States and the Union territory of Chandigarh to insist upon affidavit regards the assets, incomes and expenditure of the parties to a matrimonial litigation.

Jaspreet Singh Vs Gurleen Kaur on 06 January, 2020

Citations:

Indiankanoon.org or Casemine link:

Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged HM Act 24 - Affidavit for Disposal in 60 Days Insist On Income and Assets Affidavit In Matrimonial Cases Jaspreet Singh Vs Gurleen Kaur Landmark Case Legal Procedure Explained - Interpretation of Statutes PWDV Act Sec 12(5) - Dispose In 60 Days

Narayan Ganesh Dastane Vs Sucheta Narayan Dastane on 19 March, 1975

Posted on January 10, 2020 by ShadesOfKnife

A three-judge bench of Supreme Court delivered this landmark judgment [around topics like Definition of Mental Cruelty; Burden of Proof; Proof beyond reasonable doubt not necessary; Condonation of Cruelty], where in it was held that,

HEAD NOTE in the judgment says,

(i) Normally this Court would not have gone into evidence especially as the High Court itself could not have gone into the evidence in second appeal. Section 100 of the C.P.C. restricts the jurisdiction of the High Court in second appeal to questions of law or to substantial errors or defects in the procedure which might possibly have produced error or defect in the decision of the case upon merits. The High Court came to the conclusion-that both the courts below had failed to apply the correct principles of law in determining the issue of cruelty. Accordingly the High Court proceeded to consider evidence for itself. Under s. 103 C.P.C. the High Court can determine any issue of fact if the evidence on the record is sufficient but if the High Court takes upon itself the duty of determining an issue of fact, its powers to appreciate evidence would be subject to the same restraining conditions to which the power of any court of facts is ordinarily subject. The limits of that power are not wider for the reason that the evidence is being appreciated by the High Court and not by the District Court. While appreciating evidence, inferences may and have to be drawn but courts of facts have to remind themselves of the line that divides an inference from guess work. Normally this Court would have remanded the matter to the High Court for a fresh consideration of the evidence but since the proceedings were pending for 13 years the Court itself went into the evidence.
(ii) The burden of proof in a matrimonial petition-must lie on the petitioner because ordinarily the burden lies on the party which affirms a fact, not on the party which denied it. This principle accords with commonsense, as it is much easier to prove a positive than a negative. The petitioner must, therefore. prove that the respondents had treated him with cruelty within; the meaning of r. 10(1)(b) of the Act. But the High Court was wrong in holding that the petitioner must prove his case beyond a reasonable doubt. The normal rule which governs civil proceedings is that a fact is said to be established if it is proved by preponderance of probabilities. Under s. 3 of the Evidence Act a act is said to be. proved when the court either believes it to exist or if considers its existence so probable that a prudent man ought, in the circumstances, to act upon the supposition that it exists. The first step in this process to fix the probabilities. the second to weigh them. The impossible is weeded out in the first stage, the improbable in the second. Within the wide range, of probabilities the Court has often a difficult choice to make but it is this choice which ultimately determines where the preponderance of probabilities lies. Important issues like the status of parties demand closer scrutiny than those like the loan on a promissory note. Proof beyond reasonable doubt is proof by a higher standard which generally governs criminal trials or trials involving enquiries into issues of quasi-criminal nature. It is wrong to import such considerations in trials of a purely civil nature. Neither s.10 nor s. 23 of the Hindu Marriage Act requires that the petitioner must prove his case beyond reasonable doubt S. 23 confers on the court the power to pass a decree if it is satisfied on the matters mentioned in Clauses (a) to (e) of that Section. Considering that proceedings under the Act are essentially of a civil nature the word ’satisfied’ must mean satisfied on a preponderance of probabilities and not satisfied beyond a reasonable doubt. The society has a stake in the institution of marriage and, therefore, the erring spouse is treated not as a mere defaulter but as an offender. But this social philosophy, though it may have a bearing on the need to have the clearest proof of an allegation before it is accepted as a ground for- the dissolution of marriage, it has no bearing on the standard of proof in matrimonial cases. In England, a view was at one time taken that a petitioner in a matrimonial petition must establish his or her case beyond a reasonable doubt but the House of Lords in Blyth v. Blyth has held that the grounds of divorce or the bars to the divorce May be proved by a preponderance of probability. The High Court of Australia has also taken a similar view.
(iii) On the question of condonation of cruelty, a specific provision of a specific enactment has to be interpreted, namely s. 10(1) (b). The enquiry, therefore, has to be whether the conduct charged as cruelty is of such a character as to cause in the mind of the petitioner a reasonable apprehension that it will be harmful or injurious for him to live with the respondent. It is not necessary, as under the English Law, that the cruelty must be of such a character as to cause danger to life, limb or health or as to give rise to a reasonable apprehension of such a danger. It is risky to rely on English decisions in this field although awareness of foreign decisions can be a useful guide in interpreting our laws. The apprehension of the petitioner that it will be harmful or injurious to live with the other party has to be reasonable. It is, however, wrong to import the concept of a reasonable man as known to the law of negligence for judging matrimonial relations. The question is not whether the conduct would be cruel to a reasonable person or a person of average or normal sensibilities but whether it would have that effect on the aggrieved spouse. That which may be cruel to one person may be laughed off by another and what may not be cruel to an individual under one set of circumstances may be extreme cruelty under another set of circumstances. The Court has to deal not with an ideal husband and an ideal wife but with the particular man and woman before it. The only rider is that of s. 23(1)(a) of the Act that the relief prayed for can be decreed only if the petitioner is not taking advantage of his own wrong.
(iv) Acts like the tearing of the Mangal Sutra, locking out the husband when he is due to arrive from the office, rubbing of chilly powder on the tongue of an infant child, beating a child mercilessly while in high fever and switching on the light at night and sitting by the bedside of the husband merely to nag him are acts which tend to destroy the legitimate ends and objects of matrimony. The conduct of wife amounts to cruelty within the meaning of s. 10(1) (b) of the Act. The threat that she would put an end to her own life or that she will set the house on fire, the threat that she will make the husband lose his job and have the matter published in newspapers and the persistent abuses and insults hurled at the husband and his parents are all of so grave an order as to ’imperil the appellant’s sense of personal safety, mental happiness, job satisfaction and reputation.
(v) In any proceeding under the Act, whether defended or not, the relief prayed for can be decreed only if the petitioner has not condoned the cruelty. The wife did not take up the plea of condonation in her written statement. The Trial Court did not frame any issue of condonation. The District Court did not address itself on the question of condonation since it did not find the conduct of the wife to be cruel. The High Court held that the conduct of the wife was not cruel and in any case it was condoned. S. 23 (1) (b) casts obligation on the court to consider the question of condonation. Condonation means forgiveness of the matrimonial offence and restoration of spouses to the same position as he or she occupied before the matrimonial offence was committed. Cruelty generally does not consist of a single isolated act. It consists in most cases of a series of acts spread over a period of time. Law does not require that at the first appearance of a cruel act, the other spouse must leave the matrimonial home lest the continued coharbitation be construed as condonation. Such a construction will hinder reconciliation and thereby frustrate the benign purpose of marriage laws. The evidence on condonation consists in this case in the fact that spouse led a normal sexual life despite the various acts of cruelty. This is not a case where the spouse after separation indulge in stray acts of sexual intercourse in which case the necessary intent to forgive and restore may be said to be lacking. Such stray acts may bear more than one explanation but if during cohabitation the spouses uninfluenced by the conduct of the offending spouse, lead a life of intimacy which characterised normal matrimonial relationship, the intent to forgive and restore the offending spouse to the original status way reasonably be inferred. There is then no scope for imagining that the conception of the child could be the result of a single act of sexual intercourse and that such an act could be a stark animal act unaccompanied by the nobler graces of marital life. Sex plays an important role in married life and cannot be separated from other factors which lend to matrimony a sense of fruition and fulfilment. Therefore, evidence showing that the spouse led a normal sexual life even after serious acts of cruelty by one spouse is proof that the other spouse condoned that cruelty. Intercourse in circumstances as obtained here would raise a strong inference of condonation. That inference stands uncontradicted. the husband not having explained the circumstances In which hecame to lead and live a normal sexual life, 
(vi) But condonation of a matrimonial offence is not to be likened to a Presidential pardon which once granted wipes out the guilt beyond the possibility of revival. Condonation is always subject to the implied condition that the offending spouse will not commit a further matrimonial offence either of the same variety as the one condoned or of any other variety. No matrimonial offence is erased by condonation. It is obscured but not obliterated. Condoned cruelty can, therefore, be revived. For revival of condonation it is not necessary that the conduct should be enough by itself to found a degree for judicial separation. The wife in not allowing the husband access to the children cannot be said to have revived the earlier cruelty since the children were of tender age and the only person who could escort them had left or had to leave the matrimonial home for good. The subsequent conduct of the wife has to be assessed in the context in which the husband behaved. The husband persistently accused the wife of insanity and refused to maintain her. In that context, the allegations made by the wife in her letter to the Government cannot revive the original cause of action, though it is true that more serious the original offence the less grave need be the subsequent act to constitute revival.

 

Narayan Ganesh Dastane Vs Sucheta Narayan Dastane on 19 Mar 1975

Citations: [1975 SCC 2 326], [1975 AIR SC 1534], [1976 LW 89 110], [1975 SCR 3 967]

Indiankanoon.org or Casemine link: https://indiankanoon.org/doc/62494/ or https://www.casemine.com/judgement/in/5609abb0e4b014971140d07f


The Bombay High Court dismissal judgment that the Supreme Court also dismissed is here.


The Index is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Landmark Case Legal Procedure Explained - Interpretation of Statutes Mental Cruelty Narayan Ganesh Dastane Vs Sucheta Narayan Dastane

Navtej Singh Johar Vs Union of India on 6 September, 2018

Posted on December 18, 2019 by ShadesOfKnife

IPC 377 – unnatural offences was struck down as Unconstitutional by Supreme Court.

Navtej Singh Johar Vs Union of India on 6 September, 2018

Citations: [(2018) 10 SCC 1], [2018 SCC OnLine SC 1350],

Indiankanoon.org or Casemine link: https://indiankanoon.org/doc/168671544/ or https://www.casemine.com/judgement/in/5b965a9618a6816e6598fd54

Posted in Supreme Court of India Judgment or Order or Notification | Tagged IPC 377 - Unnatural offences Landmark Case Law or Provision is Alleged as Unconstitutional Legal Procedure Explained - Interpretation of Statutes Navtej Singh Johar Vs Union of India Reportable Judgement or Order

Priyanka Srivastava and Anr Vs State of UP and Ors on 19 March, 2015

Posted on December 18, 2019 by ShadesOfKnife

Justice Dipak Misra states that Magistrate has to be alive about the allegation brought to him via Non-cognizable case by Police.

From Paras 26 and 27,

26. At this stage it is seemly to state that power under Section 156(3) warrants application of judicial mind. A court of law is involved. It is not the police taking steps at the stage of Section 154 of the code. A litigant at his own whim cannot invoke the authority of the Magistrate. A principled and really grieved citizen with clean hands must have free access to invoke the said power. It protects the citizens but when pervert litigations takes this route to harass their fellows citizens, efforts are to be made to scuttle and curb the same.

27. In our considered opinion, a stage has come in this country where Section 156(3) Cr.P.C. applications are to be supported by an affidavit duly sworn by the applicant who seeks the invocation of the jurisdiction of the Magistrate. That apart, in an appropriate case, the learned Magistrate would be well advised to verify the truth and also can verify the veracity of the allegations. This affidavit can make the applicant more responsible. We are compelled to say so as such kind of applications are being filed in a routine manner without taking any responsibility whatsoever only to harass certain persons. That apart, it becomes more disturbing and alarming when one tries to pick up people who are passing orders under a statutory provision which can be challenged under the framework of said Act or under Article 226 of the Constitution of India. But it cannot be done to take undue advantage in a criminal court as if somebody is determined to settle the scores. We have already indicated that there has to be prior applications under Section 154(1) and 154(3) while filing a petition under Section 156(3). Both the aspects should be clearly spelt out in the application and necessary documents to that effect shall be filed. The warrant for giving a direction that an the application under Section 156(3) be supported by an affidavit so that the person making the application should be conscious and also endeavour to see that no false affidavit is made. It is because once an affidavit is found to be false, he will be liable for prosecution in accordance with law. This will deter him to casually invoke the authority of the Magistrate under Section 156(3). That apart, we have already stated that the veracity of the same can also be verified by the learned Magistrate, regard being had to the nature of allegations of the case. We are compelled to say so as a number of cases pertaining to fiscal sphere, matrimonial dispute/family disputes, commercial offences, medical negligence cases, corruption cases and the cases where there is abnormal delay/laches in initiating criminal prosecution, as are illustrated in Lalita Kumari are being filed. That apart, the learned Magistrate would also be aware of the delay in lodging of the FIR.

From Para 30,

30. In the present case, we are obligated to say that learned Magistrate should have kept himself alive to the aforesaid provision before venturing into directing registration of the FIR under Section 156(3) Cr.P.C. It is because the Parliament in its wisdom has made such a provision to protect the secured creditors or any of its officers, and needles to emphasize, the legislative mandate, has to be kept in mind.

Priyanka Srivastava and Anr Vs State of UP and Ors on 19 March, 2015

Citations: [AIR 2015 SC 1758], [2015 (3) RLW 2404 (SC)], [2015(3) PLJR 78(SC)], [2015 SCL SC 130 472], [2015 AIOL 3152], [2015 CRIMES SC 2 179], [2015 CRIMES SC 2 209], [2015 CRLJ SC 2396], [2015 JCC SC 2 974], [2015 JT 5 203], [2015 SCALE 4 120], [2015 SCC 6 287], [2015 SLT 3 431], [2015 SUPREME 3 152], [2015 SCC ONLINE SC 272], [2015 CTC 3 103], [2015 KLJ 2 491], [2015 KERLT 2 451], [2015 SCC CRI 4 153], [2015 SCC CIV 3 294]

Indiankanoon.org link: https://indiankanoon.org/doc/163299097/

Casemine link: https://www.casemine.com/judgement/in/5790b242e561097e45a4e25a


The Index for Defamation Judgments is here. Index of Judgments under Sec 156(3) Cr.P.C. are here.


 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 154 - Information in Cognizable Cases CrPC 156(3) - Any Magistrate Empowered u/s 190 May Order Such an Investigation as above-mentioned CrPC 156(3) - Application to be supported by an Affidavit CrPC 199 - Defamation IPC 499 - Defamation IPC 500 - Punishment For Defamation Lalita Kumari Vs Govt.Of U.P. and Ors Landmark Case Legal Procedure Explained - Interpretation of Statutes Priyanka Srivastava and Anr Vs State of UP and Ors Reportable Judgement or Order

Umesh Kumar Vs State of AP and Anr on 6 September, 2013

Posted on December 16, 2019 by ShadesOfKnife

In this judgment, Supreme Court held that, Law does not prohibit entertaining the petition under Section 482 Cr.P.C. for quashing the charge sheet even before the charges are framed or before the application of discharge is filed or even during its pendency of such application before the court concerned.

In the para 12,

12. In view thereof, if any person has forged in a letter under the name of the Samithi and forged the signature of Shri M.A. Khan, M.P., the matter being of grave nature requires investigation and, in view of above, we cannot find fault with the action initiated against Umesh Kumar, appellant. Once criminal law is put in motion and after investigation the charge sheet is filed, it requires scrutiny in the court of law. However, before the  charges could be framed, Umesh Kumar, appellant, approached the High Court under Section 482 Cr.P.C. for quashing of the charge sheet. The scope of Section 482 Cr.P.C. is well defined and inherent powers could be exercised by the High Court to give effect to an order under the Cr.P.C.; to prevent abuse of the process of court; and to otherwise secure the ends of justice. This extraordinary power is to be exercised ex debito justitiae. However, in exercise of such powers, it is not permissible for the High Court to appreciate the evidence as it can only evaluate material documents on record to the extent of its prima facie satisfaction about the existence of sufficient ground for proceedings against the accused and the court cannot look into  materials, the acceptability of which is essentially a matter for trial. Any document filed along with the petition labelled as evidence without being tested and proved, cannot be examined. Law does not prohibit entertaining the petition under Section 482 Cr.P.C. for quashing the charge sheet even before the charges are framed or before the application of discharge is filed or even during its pendency of such application before the court  concerned. The High Court cannot reject the application merely on the ground that the accused can argue legal and factual issues at the time of the framing of the charge. However, the inherent power of the court should not be exercised to stifle the legitimate prosecution but can be exercised to save the accused to undergo the agony of a criminal trial. (Vide: Pepsi Food Ltd. & Anr. v. Special Judicial Magistrate & Ors., AIR 1998 SC 128; Ashok Chaturvedi & Ors. v. Shitulh Chanchani & Anr. AIR 1998 SC 2796; G. Sagar Suri & Anr. v. State of U.P. & Ors., AIR 2000 SC 754; and Padal Venkata Rama Reddy @ Ramu v. Kovvuri Satyanarayana Reddy & Ors., (2011) 12 SCC 437)

Umesh Kumar Vs State of AP and Anr on 6 September, 2013

Citations: [JT 2013 (12) SC 213], [2014 ALL SCR 661], [2013 AD SC 9 581], [2014 AIR SC 1106], [2014 AJR 1 350], [2014 ALD CRI 1 304], [2014 ALLCC 84 850], [2014 ALT CRL AP 1 479], [2013 JLJR 4 151], [2013 KLJ 4 334], [2013 PLJR 4 284], [2015 RLW SC 1 391], [2013 SCALE 11 28], [2013 SCC 10 591], [2014 SCC L&S 2 237], [2014 SCJ 2 209], [2013 UC 3 1918], [2014 SCC CRI 1 338], [2013 SCC ONLINE SC 809], [2013 AIC 130 53], [2013 SUPREME 6 323], [2013 AIOL 584], [2013 AIR SC 6062], [2013 SLT 7 656], [2013 AIR SCW 6062]

Other Sources:

https://indiankanoon.org/doc/194914590/

https://www.casemine.com/judgement/in/5609af3fe4b0149711415ef0

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Catena of Landmark Judgments Referred/Cited to Discharge does not Prohibit Quash Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Umesh Kumar Vs State of AP and Anr

G.Sagar Suri and Anr Vs State of UP and Ors on 28 January, 2000

Posted on December 15, 2019 by ShadesOfKnife

In this judgment, Supreme Court has held that, there is no bar to pursue Quash at High Court under sec 482 CrPC, even when a Discharge was pending in the Trial Court under sec 239 CrPC or 245 CrPC.

It was submitted by Mr. Lalit, learned counsel for the second respondent, that the appellants have already filed an application in the Court of Additional Judicial Magistrate for their discharge and that this Court should not interfere in the criminal proceedings which are at the threshold. We do not think that on filing of any application for discharge, High Court Cannot exercise its jurisdiction under Section 482 of the Code. In this connection, reference may be made to two decisions of this Court in Pepsi Foods Ltd. & Anr. v. Special Judicial Magistrate & Ors., [1998] 5 SCC 749 and Ashok Chaturvedi & Ors. v. Shitul H. Chanchani & Anr., [1998] 7 SCC 698, wherein it has been specifically held that though the Magistrate trying a case has jurisdiction to discharge the accused at any stage of the trial if he considers the charge to be groundless but that does not mean that the accused cannot approach the High Court under Section 482 of the Code or Article 227 of the Constitution to have the proceeding quashed against them when no offence has been made out against them and still why must they undergo the agony of a criminal trial.

G.Sagar Suri and Anr Vs State of UP and Ors on 28 January, 2000

Citations: 2000 C Cr. LR(SC) 136 : JT 2000(1) SC 360, (2000)2 SCC 636, J.T. 2000 Vol. 1 page 126

Indiankanoon.org link: https://indiankanoon.org/doc/1699144/


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Civil Case Given Color of Criminal Case CrPC 239 - Discharge CrPC 482 - Quash Discharge does not Prohibit Quash G.Sagar Suri and Anr Vs State of UP and Ors Landmark Case Legal Procedure Explained - Interpretation of Statutes

A.P. Minerals Development Corporation Limited Vs MS. Trimex Minerals Pvt Ltd on 21 November, 1997

Posted on December 15, 2019 by ShadesOfKnife

Similar to this judgment here, AP HC has delivered this judgment by the same Judge, on the necessity of marking documents even in Interlocutory Applications.

A.P. Minerals Development Corporation Limited Vs MS. Trimex Minerals Pvt Ltd on 21 November, 1997

Citations: 1998 (1) ALD 533, 1998 (1) ALT 182

Indiankanoon.org link: https://indiankanoon.org/doc/965255/


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged A.P. Minerals Development Corporation Limited Vs MS. Trimex Minerals Pvt Ltd Landmark Case Legal Procedure Explained - Interpretation of Statutes Marking of Documents in IAs Not Authentic copy hence to be replaced Sandeep Pamarati

T. Bhopal Reddy and Anr Vs KR Lakshmi Bai and Anr on 6 November, 1997

Posted on December 15, 2019 by ShadesOfKnife

Honorable Justice Sri P. Venkatarama Reddi had delivered this judgment wherein it was held that,

9. Before parting with the case, we have to record the difficulty which we experienced to find out the nature and details of 35 documents said to have been filed by the petitioners and 118 documents said to have been filed by the respondents.

10. The learned Subordinate Judge has merely stated that the petitioners have filed 35 documents while the respondents have filed 118 documents. Probably in view of the judgment of our learned brother Mr. Justice B.K. Somasekham in G. Sambrajyam v. P. Mahalakshamim and Ors., 1995 (1) ALD 358, that there is no provision in the Civil Rules of Practice for marking the documents as exhibits at the stage of interlocutory matters, the learned Subordinate Judge has not given any mark to these documents. This led to some inconvenience to us while disposing of this appeal. In our opinion, even though Rule 115 of the Civil Rules of Practice envisages marking of exhibits adduced in evidence as ‘A’, ‘B’, ‘C’ and ‘X’ series as the case may be during trial, the same cannot be construed so as to exclude the marking of any document in an interlocutory matter. It may be so that the Court while deciding the interlocutory application will look into the prima facie case of both sides. In that process, necessarily, each side will be depending upon certain documents which may ultimately be sought to be proved during the course of trial.

11. To visualise that the contesting parties in an interlocutory application will not be able to re!y on the documentary evidence upon which they ultimately rely in the trial would be placing the contesting party in an interlocutory application to rely only on the affidavits which the learned Judge thought would be the correct procedure, it may be so that the learned Judge was quite conscious that in spite of the fact that the affidavits cannot be the evidence as they are not included in the definition of evidence under Section 3 of the Evidence Act, the Court may permit any affidavits to be produced under Order 19 Rules 1 and 2 of the Civil Procedure Code. That being the premise on which the learned Judge proceeded to observe that the documents cannot be given a marking, the only alternative for any trial Court which hears interlocutory applications would be to decide the prima facie case only on the strength of affidavits. At the same time, we are unable to comprehend as to how a prima facie case is established by the successful party without referring to and marking the documents.

12. It may be pointed out that a deponent of an affidavit who can be called upon to appear for cross-examination cannot be confronted with any document on which the adversory places reliance. If the documents even at that stage are not permitted to be marked, the entire cross-examination of the deponent may be a mere denial of the suggestions made. If in a particular case the deponent himself was the author of any document or a party to it, there would not be any opportunity to the opposite parly or himself to explain the circumstances under which the document was executed or to admit or deny the genuineness or otherwise of the same. No doubt, we are conscious of the fact that a document on which a particular party relies to strengthen his own case can only be admitted in the evidence during the trial of the suit. However, as observed by us supra if the same are not given any marking, both sides would be at a disadvantage to support their respective contentions even in an interlocutory application. We think that the learned Judge has not envisaged that such of the documents on which the parties relied would have to be described in extenso in the order if they were not to be marked. Further, there would be any amount of inconvenience for any appellate Court to search for a document on which the parties have relied and go through its contents, more so, if there were a large number of documents filed by the contesting parties.

13. Thus, in order to come to a prima facie conclusion, both the trial Court and the appellate Court should necessarily be able to locate the documents and know its contents to agree with either of the contentions, we may also point out that it is nowhere envisaged that the case of the contesting parties can only be decided on the affidavits and not on any other material. Thus, in the absence of any specific rule so far as marking of documents in an interlocutory stage is concerned, the Courts would not be justified in not giving any marking at all to such of the documents on which both sides would rely.

14. It is another mailer that affidavits filed by both sides are not given marking for they after all form part of the record. But to say that the documentary evidence on which the parties would ultimately rely in the suit would not be of any relevance at the time of deciding the interlocutory matters would lead to any amount of inconvenience which was in fact felt by us in disposing of the above civil miscellaneous appeal.

15. As stated earlier, we are quite conscious of the fact that the documents marked for purpose of determination of any interlocutory application cannot be treated as evidence per se but would enable the Court to prima facie come to a conclusion about the merits or demerits of the contentions advanced. For the reasons aforesaid, we disapprove the view taken by Mr. Justice Somasekhara in the case referred to supra insofar as marking of the documents in the interlocutory applications.

16. Further, in order to avoid any future difficulties, it is desirable to incorporate a rule in Civil Rules of Practice for giving a separate marking to the documents relied upon by either party in interlocutory proceedings by directing the trial Courts to mark such of the documents relied upon by the petitioners in the interlocutory applications as ‘P’ series and the documents relied upon by the respondents as ‘R’ series to avoid any difficulty in identifying the documents at a later stage of the proceedings and also during trial.

T. Bhopal Reddy and Anr Vs KR Lakshmi Bai and Anr on 6 November, 1997

Citations: [1998 (1) ALD 770], [1998 (1) ALT 292],

Indiankanoon.org link: https://indiankanoon.org/doc/330119/


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Landmark Case Legal Procedure Explained - Interpretation of Statutes Marking of Documents in IAs Not Authentic copy hence to be replaced Sandeep Pamarati T. Bhopal Reddy and Anr Vs KR Lakshmi Bai and Anr

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12 Jun

Adani's Green Transformation Is Visible from the Ground Up

Tree plantation drives are common. Achieving an 88% survival rate is not.

At PEKB, the high survival rate means the restoration is not just happening on paper... it's creating real forests, real biodiversity, and real

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12 Jun

Bravo @navikakumar

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12 Jun

Amazon Insults Aryabhata

Aryabhata gave the world ZERO.
Amazon gave him ZERO respect.

Turning Bharat's greatest mathematician into a marketing prop for "zero fees" is not creativity, it's cultural insult.

@amazonIN Apologise. Withdraw the ad. Respect India's civilisational

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That’s so true! George Carlin.

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