Judgment Search Results Home > Cases Phrase: commercial documents evidence act 1939 section 2 statements of relevant facts in scheduled documents to be themselves relevant facts Page 1 of about 546 results (0.229 seconds)

Swiss Bank Corporation and Canara Bank Vs. Jai Hind Oil Mills Co. and ...

Court : Mumbai

Reported in : 1994(1)BomCR371; [1997]90CompCas518(Bom)

..... the commercial documents evidence act consists of four sections, and section 3, inter alia, provides that notwithstanding anything contained in the indian evidenceact, a court may presume within the meaning of that act, in relation to documents included in part 11 of the schedule that they have been duly made by or under appropriate authority andthe statements contained therein are accurate. ..... the trial judge by order dated august 9, 1988,proceeded to admit the document on record to the extent that it purports to be the certificate relating to movement of the ship,and therefore, falls under item 7, part 11 of the schedule to the commercial documents evidence act no. ..... canara bank filed a written statement setting out relevant facts and claiming that the allegations of fraud was without any basis. ..... general rule cannot be stretched so far as to protect a banker who pays against documents describing goods in terms which are similarto, but not exactly the same as those stipulated in the credit.the description of the goods in the relative bill of lading must be the same as the description in the letter of credit, that is,the goods themselves must in each case be described in identicalterms, even though the goods differently described in the two documents are, in fact, the same. ..... xxx of 1939. .....

Swiss Bank Corporation and Canara Bank Vs. Jai Hind Oil Mills Co. and ...

Court : Mumbai

Reported in : (1993)95BOMLR412

..... the learned judge observed that the document to the extent that it purports to give the loading date of the ship cannot be admitted in evidence at that stage, the commercial documents evidence act consists of four sections, and section 3, inter alia, provides that notwithstanding anything contained in the indian evidence act, a court may presume within the meaning of that act, in relation to documents included in part ii of the schedule that they have been duly made by or under appropriate authority and the statements contained therein are accurate. ..... the trial judge by order dated august 9, 1988, proceeded to admit the document on record to the extent that it purports to be the certificate relating to movement of the ship, and therefore, falls under item 7, part ii of the schedule to the commercial documents evidence act no. ..... canara bank filed a written statement setting out relevant facts and claiming that the allegations of fraud was without any basis. ..... the description of the goods in the relative bill of lading must be the same as the description in the letter of credit, that is, the goods themselves must in each case be described in identical terms, even though the goods differently described in the two documents are, in fact, the same. ..... xxx of 1939. .....

Great Pacific Navigation (Holdings) Corporation Ltd. Vs. M. V. Tongli ...

Court : Mumbai

..... documents analogous to documents 1 to 4 shown in part i of the schedule to the commercial documents evidence act, 1939 requiring presumption as to genuineness of those documents ..... the appellant has relied upon and shown the court the evidence produced by the respondent itself and the respondent has taken exception to produce any further evidence or documents or to show any further facts as not within the realm of the inquiry in the suit and which could be directed by the court only upon lifting the veil of incorporation of the respondent ..... views of justice goff in i congreso1 and the view of justice brandon in andrea ursula2 and the concept of constructive trust in principles of equity the court held on the facts of that case that the name of the registered owner who has the right to take possession of the ship and not the equitable owner of the ship would be ..... (4) in the case of any such claim as is mentioned in section 20(2)(e) to (r), where- (a) the claim arises in connection with a ship; and (b) the person who would be liable on the claim in an action in personam ('the relevant person') was, when the cause of action arose, the owner or charterer of, or in possession or in control of, the ship, an action in rem may (whether or not the claim gives rise to a maritime ..... such facts by themselves are gross enough to call for the courts' attention and action to appreciate the truth of the transaction even if the appellant did not urge the lifting of the veil ..... facts speak for themselves .....

Kashinath Sankarappa Wani Vs. New Akot Cotton Ginning And; Pressing Co ...

Court : Supreme Court of India

Reported in : AIR1958SC437; (1958)IIMLJ103(SC); [1958]1SCR1331

..... 3(b) of the commercial documents evidence act, (xxx of 1939) it would have been perfectly justified in not raising the presumption in regard to the balance-sheet having been duly made by or under the appropriate authority and in regard to the accuracy of the statement contained therein. ..... when the peel came up for hearing before the high court, it was contended on behalf of the appellant that the copy which was adduced from the office of the registrar was admissible in evidence but that evidence was rejected by the high court on a consideration of sections 65 and 74(2) of the evidence act. ..... ii of the schedule :- that any documents purporting to be a document included in part i or part ii of the schedule, as the case may be, and to have been duly made by or under the appropriate authority, was so made and that the statement's contained therein are accurate.' 11. ..... the difficulty in the way of the appellant here is however insuperable because we find that there were factions in the company at or about the relevant time. ..... as a matter of fact, such an agreement, either express or implied, was negatived by the very terms of the deposit receipt which, apart from mentioning that the monies were received by the company as deposit for 12 months from august 1, 1939, to july 31, 1940, contained on the reverse a note that interest would cease on due date. .....

Indian Chamber of Commerce Vs. C.i.T., West Bengal Ii, Calcutta

Court : Supreme Court of India

Reported in : AIR1976SC348; [1975]101ITR796(SC); (1976)1SCC324; [1976]1SCR830

..... of weighment and measurement certificate is a great facility for traders and under the commercial documents evidence act only recognised institutions are permitted to issue such certificates. ..... is of sufficient probity and competence recognition may well be accorded under the commercial documents evidence act. ..... decisions have no binding authority on its construction and though they may sometimes afford help or guidance, cannot relieve the indian courts from their responsibility of applying the language of the act to the particular circumstances that emerge under conditions of indian life.crypto-colonial inclinations have sometimes induced indian draftsmen and jurists draw inspiration from english law but, for reasons felicitously expressed ..... observed:as a result of the addition of the words 'not involving the carrying on of any activity for profit, at the end of the definition in section 2(15) of the act even if the purpose of the trust is 'advancement of any other object of general public utility', it would not be considered to he 'charitable purpose1 unless it is shown that the above purpose does not involve the carrying ..... it possible on these facts to grant the benefit of section 2(15) by a recondite reasoning ..... trust : : [1975]101itr234(sc) has adverted to this statement as throwing light on the new provision. ..... concurred, while calcutta and mysore have ranged themselves on the opposite side. ..... scheme of the act may be briefly indicated to the extent it is relevant, before entering on .....

Gms Marine Company Limited Vs. the Owners and Parties Interested in th ...

Court : Kolkata

..... vsig has relied on section 3(a) of the commercial documents evidence act, 1939 that records that for the purpose of the evidence act, 1872 and notwithstanding anything contained therein, a court 'shall presume, within the meaning of that act, in relation to documents included in part i of the schedule ' that any document purporting to be a document included in part i ' and to have been duly made by or under the appropriate authority, was so made and that the statements contained therein are accurate. ..... decisions had not been directly or even by necessary implication overruled by any decision of this court, indeed, the judgment delivered by the learned single judge shows that he was persuaded to re-examine the matter himself and in fact he had substantially recorded his conclusion that the earlier decisions were erroneous even before his attention was drawn to the decision of this court in laxman purshottam pimputkar case. ..... in referring to indian grace, the federal court took the view that it was incorrect to say that before an owner or demise charterer who is a relevant person files an appearance and submits personally to the jurisdiction of the court, the action in rem is other than against the ship (paragraph 105). ..... in such a case lawyers would not know how to advise their clients and all courts subordinate to the high court would find themselves in an embarrassing position of having to choose between dissentient judgments of their own high court. .....

Sanjay Gupta Vs. Cottage Industries Exposition Ltd.

Court : Delhi

Reported in : 2008(102)DRJ234

..... assuming for the sake of argument that the affidavits were in fact given by the plaintiff to permit change of user of the electrical connections from residential to commercial, that by itself in the first place cannot be set up as a defense in the light of sections 91 and 92 of the evidence act, and even if it were to be accepted that the defendant can be permitted to raise this defense, the said affidavits cannot alter the purpose of letting which is clearly discernable from the registered lease deed.24 ..... first part of section 92 states 'when the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document, have been proved according to the last section, no evidence of any oral agreement or statement shall be admitted, as between the parties to any such instrument or their representatives in interest, for the purpose of contradicting, varying, adding to, or subtracting from, its terms ..... is further contended that it was the understanding between the parties at the relevant time when the lease was entered into that the defendant would be permitted to use the premises for office/commercial purpose and plaintiff would obtain the necessary permissions for change the user.19. ..... three of the clauses of the lease deed which are relevant are clauses 8, 10 and 11 which are extracted below: clause 8:- that the lessee shall use the premises for his own use.clause 10:- that the lessee shall comply with all the rules .....

Om Prakash Berlia and anr. Vs. Unit Trust of India and ors.

Court : Mumbai

Reported in : AIR1983Bom1; [1983]54CompCas136(Bom); (1982)3CompLJ89(Bom); 1983MhLJ339

..... the court is also obliged to draw the presumption in regard to documents included in part i to the schedule of the commercial documents evidence act that they have been duly made and that the statement contained therein are accurate. ..... it then went on to consider whether it should presume the accuracy of its contents under section 3 of the commercial documents evidence act and held that the high court would have been perfectly justified not raising the presumption in regard to the accuracy of the statement contained in the balance-sheet. mr. ..... cooper, learned counsel for the plaintiff, placed reliance upon this judgment to submit that if under the provisions of section 77, a certified copy of the balance-sheet was proved even as to the accuracy of its contents there was no reason for the supreme court to rely upon the commercial documents evidence act to the discretion therein given to the court to draw the presumption of accuracy.21. ..... the supreme court observed that if the attention of the high court had been drawn to section 3 of the commercial documents evidence act and to item no. ..... , had not been drawn to the relevant section of the indian registration act whereunder a statutory presumption arose that the facts mentioned in the endorsements required to be made under s. ..... from its judgment in pattu kumari babi v, nirmal kumar singh, air 1939 cal 569, the following passage is extracted:'.. .. .....

Cannon Steels Pvt. Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Chennai

Reported in : 1993(41)ECC161

..... commercial documents evidence act, 1939, a court for the purposes of the indian evidence act shall presume within the meaning of that act in relation to documents included in part i of the schedule that such document was duly made by or under appropriate authority and the statements ..... under the provisions of the commercial documents evidence act, 1939, the respondents are bound to accept the certificate of origin issued by the taiwan's chamber of commerce as conclusive evidence of the country of origin ..... the certificate of origin issued by the taiwan chamber of commerce, as it is conclusive evidence under the commercial documents evidence act. ..... under section 4 of the indian evidence act, whenever it is provided by that act that a court shall presume a fact, it shall regard such fact as ..... in the bombay court judgment, even though all the relevant facts are not available, yet, it is possible to find that the assistant collector who cleared the goods under section 47 of the act had done so after physical verification of the goods and yet a ..... these two things are of course not the same it is remarkable that these two separate meanings of the word 'assessment' may occasionally be found within the bounds of a single section.lord macmillan in the same case makes the following caustic comment,verbal consistency is the last virtue than can be attributed to a code which uses so vital a term as ' ..... is necessary for the authorities to satisfy themselves that there are grounds for taking such .....

Anglo American Metallurgical Coal Pty Ltd. Vs. Mmtc Ltd.

Court : Supreme Court of India

..... to section 92, section 94 and section 95 of the evidence act are read together, the picture that emerges is that when there are a number of documents exchanged between the parties in the performance of a contract, all of them must be read as a connected whole, relating each particular document to existing facts , which ..... grant or other disposition of property, or any matter required by law to be reduced to the form of a document, have been proved according to the last section, no evidence of any oral agreement or statement shall be admitted, as between the parties to any such instrument or their representatives in interest, for the purpose of ..... by any legal rules of construction applied to the instrument itself, or by evidence showing that terms in themselves unmeaning or unintelligible are capable of receiving a known conventional meaning, the great principle on which the rule is founded is that the intention of parties, should be construed, not by vague evidence of their intentions independently of the expressions which they have thought fit to use ..... (vol.2, 17 pages 13-20) agreeing rates at below us$129.00 per mt) and, viewed commercially there was little incentive for the respondent to continue to purchase from the claimant at the agreed rates. ..... the relevant facts, dismissed ..... and the conduct and evidence led by the claimant i find apart from one request for the delivery schedule from the respondent vide letter dated 11th march 2009 there is no evidence on record to show that .....