Kerala Anti Social Activities (Prevention) Act, 2007, Section 2(p)(iii), 3, 7 -- Detention order - Validity - Non-supply of documents - Previous order of detention and report of Advisory Board not supplied to detenu - Reference of said documents only made for stating complete factual details and were neither relied nor formed part of grounds of detention - Held, there was..........
Kerala Anti Social Activities (Prevention) Act, 2007, Section 2(p)(iii), 3, 7 -- Detention order - Validity - Non-supply of documents - Confidential information and police station records relied on by detaining authority not supplied to detenu - Held, detaining authority duty bound to supply said documents - Non-supply of said documents vitiated detention order...........
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 13, Rule 1 -- Late production of documents - In case `sufficient cause' is shown for filing the documents at the hearing of the suit and/or at the end of the trial, such cause shown should receive a liberal construction so as to advance the cause of substantial justice, more particularly when..........
Civil Procedure Code, 1908, Section 115 -- Exhibit of document - Objection - Respondent No.1/plaintiff examined as PW2 placed on record Ex.P2 and Ex.P3 i.e. attested copies of neonda bahis - Petitioner/defendant filed application that exhibited documents which were not per se admissible may be marked - Dismissal of application - Challenge to - Held, petitioner could not..........
Prevention of Corruption Act, 1988, Section 13, Finance Act, 1998, Section 91, 95 -- Government servant - Prosecution of - Immunity from prosecution under Kar Vivad Samadhan Scheme, 1988 - Petitioner/accused had intentionally and dishonestly used forged and fabricated documents and thereby committed offence of forgery - Petitioner also conspiracy with public servants..........
Information Technology Act, 2000, Section 65, 66, Criminal Procedure Code, 1973, Section 482 - - Tampering with computer source documents - Quashing of complaint - General allegation against petitioner being principal of school giving immoral education in school and also trained their students as perfect hackers - No direct allegation against petitioner that whether this..........
Information Technology Act, 2000, Section 65, 66, 43 - - Tampering with computer source documents - Computer network belongs to school of petitioner - Principal is owner/i, charge of computer system and if any person commits any acts provided in S.43 of IT Act, he can be held liable not owner - Thus, principal cannot be held vicariously liable under criminal law...........
Hindu Marriage Act, 1955, Section 25 -- Maintenance - Assessment of income on the basis of income tax returns - Income tax returns that have been produced are documents of assessments by the income tax authorities - Presumption of truth attaches to them though it is rebuttable but it cannot be rebutted by oral evidence only - S.91 of Evidence Act enjoins that in the face..........
Civil Procedure Code, 1908, Order 13, Rule 1, Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Production of documents after settlement of issues - Provision of O.13.R.1 & O.7.R.14(3) are procedural in nature and not mandatory - Word "shall" in O.13.R.1 CPC is not mandatory - Plaintiff can file original documents even after settlement of..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 471, 420 -- Compounding of offence - Bank loan taken on forged documents - Amount repaid in pursuance to order of Debt Recovery Tribunal - It cannot be said that there is a compromise between the offender and the victim - Held, it is not a ground to quash criminal proceedings...........
