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Evidence  – Documents maintained in the regular course of business – Proof of

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IPC S. 34 – Common Intention – Can be formed even in the course of the incident – Would come into play where participation of the accused in a crime is proved and the common intention is also established. [PLRonline 482604]

Consumer Protection Act – Stocks and shares – Invesment in – Complainant is not a Consumer – It is not the case of the Complainant that he had invested the money in share market exclusively for earning his livelihood. [2022 PLRonline 0596 (NCDRC)]

NIA S. 138 – Liability of Joint Account Holders – There is no provision for taking cognizance against a person other than the “drawer” of the cheque. [(2023-4)212 PLR 177]

Court proceedings – Videography – Whether would amount to criminal contempt of court ? [(2023-4)212 PLR 163]

MVA – Criminal case  – Acquittal in a criminal case – Effect on claim petition

Court proceedings –  Videography –  Court proceedings in the High Court or any other Court subordinate thereto cannot be videotaped, photographed or telecast without taking prior written permission from the High Court. [PLRonline]

NDPS S. 2 (viia)  read with the notification S.O. No. 1055 (E) dated 19/10/2001 , Section 37, 52A –  “commercial quantity” – Weight Adjustment due to Drying – Weight recorded during inventory before the Magistrate considered – Bail Consideration for Multiple Accused. [PLRonline 413680]

[SC] CPC O. 7 R. 11 – Civil Procedure Code, 1908 – Order 7 Rule 11 – Assessment of Plaints – Court should not engage in assessing the correctness or merits of the plaint’s averments – Court made an error by partially rejecting the plaint . [PLRonline 416680]

[SC] Insurance  –  Surveyor’s report – Not relied – Reliance by surveyor on forensic report – Claim payable.

[SC] Insurance – Surveyor’s report, though important, is not absolute and not binding on the parties – It is not that sacrosanct that it cannot be departed from; it is not conclusive. [ PLRonline 368351]

IT Act S. 67(A)   – Posted on Instagram 4-5 pictures of petitioner kissing the complainant on her cheek – Bail granted. [2022 PLRonline 0595]

Insurance – Mediclaim policy – Pre existing disease  – Non-disclosure – Burden of  proof – Prescription – Mere mentioning in the prescription would not amount to establishing a concealment – Senior Citizens policy – Pre-medical check-up – Having opted to waive of was thus conscious – Insurer liable. [PLRonline # 446681]

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Suit for recovery of money - Fraudulent transactions - Proof of

Suit for recovery of money  -  Documents signed under duress

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Evidence  – Documents maintained in the regular course of business – Proof of

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evidence  – Documents maintained in the regular course of business  – It is not necessary for the witness to be signatory of such documents or such documents were executed in his presence.  – The reasoning of the Division Bench that the witness examined by the appellant was not in Delhi when the transactions took place is wholly irrelevant to determine whether the invoices, debit notes and ST-1 Form are proved or not –  It is not a case of mere exhibition of documents –  Such documents were proved by a witness as such documents were kept by the appellant in their ordinary course of business – All these documents are stamped and counter-signed by the representatives of the respondents – Such documents have come from the records of the appellant –  It is not necessary for the witness to be signatory of such documents or such documents were executed in his presence –  The documents were maintained in the regular course of business of the appellant – In fact there is no dispute about the maintenance and production of such documents. The witness of the respondent has admitted the execution of all the invoices, debit notes and ST-1 Form which bear their stamp and also the signatures of the authorized representative – Therefore, the reasoning given by the High Court is bereft of any merit

2021 SCeJ 1313 = 2021 PLRonline 12403

.STAR PAPER MILLS LIMITED v. BEHARILAL MADANLAL JAIPURIA LIMITED, 2021 SCeJ 1313 = 2021 PLRonline 12403

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Tags: Evidence, Evidence - Proof, Regular course of business
Tags: EvidenceEvidence - ProofRegular course of business

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