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Evidence – Judgment – Admissibility of

Land Acquisition Act S. 12(2)- Once the notice under Section 12(2) of the LA Act was issued and served upon the original writ petitioner and he was called upon to collect the compensation and thereafter, when he did not come to collect the compensation and then the compensation was sent to the revenue deposit, thereafter it would not be open for the original writ petitioner to contend that acquisition proceedings have lapsed.[ PLRonline 413600]

Cruelty  –  Mere filing of a criminal case itself cannot be termed as “cruelty” | Desertion – Having regard to the nature of the allegations made in the complaint cannot be said that the wife had no valid reason to leave the company of the husband. [PLRonline 401605]

Children custody – Best Interest of Child – Scope of – Habeas Corpus – Children natural citizens of USA , are in the grips of their mother – Continuance of present status, will damage their progress in academics, and their emotional quotient. [(2023-1)209 PLRIJ 059]

“Understanding Burden of Proof for Input Tax Credit Claims under Karnataka Value Added Tax Act, 2003”

Satish Chander Ahuja v. Sneha Ahuja, 2021 PLRonline 9094 (SC)

POEMS&CRIMES Street Art

Hindu Marriage Act, S. 28-A – Enforcement/Execution of orders of maintenance

Hindu Marriage Act, S. 24 – Permanent alimony – Quantum of maintenance – CrPC S. 125

Hindu Marriage Act, S. 24 – Maintenance – Where several marriages last for a short time – Inequitable to direct the contesting spouse to pay permanent alimony to the applicant for the rest of her life – Duration of marriage would be a relevant factor – Permanent alimony

CrPC S. 125 – Maintenance – Overlapping jurisdiction – Court would take into consideration the maintenance already awarded in the previous proceeding, and grant an adjustment or set-off of the said amount

RAJNESH V. NEHA, (2020-4)200 PLR 793 (SC), 2020 SCeJ 2087, 2020 PLRonline 4498300

“Importance of Corroboration in Criminal Trials: Extra-Judicial Confession as a Weak Piece of Evidence”

Workmen’s Compensation Act, 1923, S. 3(5)  – Remedies open to an injured workman or the Legal Representatives of a deceased workman under the Workmen’s Compensation Act, 1923 or before a Civil Court are in the alternative. [PLRonline 213901]

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Evidence - Judgment – Admissibility of

Judgment in rem

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Evidence – Judgment – Admissibility of

by PLRonline
in CIVIL, Evidence Act, Practice and Procedure
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evidence Act,  S. 40, S. 41 S. 42,  S. 43, S. 13  – Judgments of courts are admissible in evidence under the provisions of Sections 40, 41 and 42 of the Evidence Act. Section 43 – Clearly provides that those judgments which do not fall within the four corners of Sections 40 to 42 are inadmissible unless the existence of such judgment, order or decree is itself a fact in issue or a relevant fact under some other provisions of the evidence act :

“43. Judgments, etc., other than those mentioned in Sections 40 to 42, when relevant.—Judgments, orders or decrees, other than those mentioned in sections 40, 41 and 42, are irrelevant, unless the existence of such judgment, order or decree, is a fact in issue, or is relevant under some other provision of this Act.” Some courts have used Section 13 to prove the admissibility of a judgment as coming under the provisions of section 43, referred to above. We are, however, of the opinion that where there is a specific provision covering the admissibility of a document, it is not open to the court to call into aid other general provisions in order to make a particular document admissible. In other words, if a judgment is not admissible as not falling within the ambit of Sections 40 to 42, it must fulfil the conditions of Section 43 otherwise it cannot be relevant under Section 13 of the Evidence Act. The words “other provisions of this Act” cannot cover Section 13 because this section does not deal with judgments at all.

Read Judgment: 1983 PLRonline 0004

Tags: 21.JUL.1Document - Admissibility ofDocument - probatice valueEvidenceEvidence Act S. 13Evidence Act S. 40Evidence Act S. 41Evidence Act S. 42Evidence Act S. 43GenealogiesJudgmentJudgment - Admissibility ofJudgment in remJudgment not inter partesJudgments in personamProbative Value

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