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 Court: supreme court of india Page 1 of about 70 results (0.191 seconds)

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 .....

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 .....

Asset Reconstruction Company (india) Limited Vs. Bishal Jaiswal

Court : Supreme Court of India

..... ., 1958 scr1331 this court referred to section 3(b) of the commercial documents evidence act (xxx of 1939) and then held that under the said act, the balance sheet of the respondent company for the year 1940-1941 should have been admitted in evidence ..... he also added that the main plank of the submission of the appellant was that a huge sum of rs.12,000 crore would otherwise go down the drain if acknowledgements in balance sheets were not to be looked at, and stressed the fact that this would be relevant only in recovery proceedings and not in proceedings before the ibc, which are not meant to be recovery proceedings at all, as has been held in several judgments of this court. ..... view of the state of affairs of the company or companies, comply with the accounting standards notified under section 133 and shall be in the form or forms as may be provided for different class or classes of companies in schedule iii: provided that the items contained in such financial statements shall be in accordance with the accounting standards: provided further that nothing contained in this sub-section shall apply to any insurance or banking company or any company engaged in the generation or supply of .....

Ratilal Bhanji Mithani Vs. State of Maharashtra and ors.

Court : Supreme Court of India

Reported in : AIR1959SC1979; 1979CriLJ41; (1979)2SCC179; [1979]1SCR993

..... by an order, dated august 24, 1962, the magistrate held that 10 out of the 20 verladescheins were inadmissible either under the evidence act or under the commercial documents evidence act. ..... on december 2, 1968, the prosecution made an application for examining a number of witnesses to establish the preliminary facts for admission of the verladasheins and other documents under sections 32(2)(3) and 10 of the evidence act and under the commercial documents act. ..... all that was held by him was that before these documents could be admitted under section 32(2) or section 10 of the evidence act, some preliminary facts had to be established by the prosecution. ..... similarly, with regard to the invocation of section 10, evidence act, it was observed that before the documents concerned could be admitted under section 10, evidence act, prima facie proof, aliunde should be given about the existence of the conspiracy. ..... for instance, one of the conditions precedent for the admissibility of a previous statement of a party under section 32(2) is that the attendance of the witness who made that statement, could not be procured without an amount of delay and expense which in the circumstances of the case, appeared to the court to be unreasonable. ..... clearly held that the documents, in question, were relevant to the facts in issue, but they had to be proved in any of the ways recognised by the evidence act, gokhale j. ..... 1939. .....

Ratilal Bhanji Mithani Vs. the State of Maharashtra and ors.

Court : Supreme Court of India

Reported in : AIR1972SC1567; 1972CriLJ1055; (1972)3SCC793; [1973]1SCR118; 1972(4)LC880(SC)

..... , 1962 the magistrate held the verladescheins inadmissible in evidence under the indian evidence act and commercial documents evidence act, 1939. ..... that notification it is recited 'whereas arrangements have been made by the central government with the government of the federal republic of west germany for taking the evidence of the witnesses in the federal republic of west germany in relation to criminal matters in courts in india, the central government in pursuance of sub-section (3) of section 504 of the crpc hereby directs that commissions from courts in india for the examination of witnesses in the federal republic of west germany shall be issued ..... is no reciprocal arrangement between the government of india and the government of the federal republic of west germany as contemplated in sections 504 and 508a of the crpc secondly,' the notification under section 504 is nullified and repelled by the affidavit evidence adduced on behalf of the state that no agreement between the two countries has yet been made.27. ..... the second matter of importance brought out by the affidavit is that in fact no arrangement between the government of india and the government of the federal republic of west germany for the examination of witnesses residing in west germany ..... in view of the fact that this court is not willing to grant any further extension of the time for the return of the commission, it is not necessary to deal with the writ petition filed ..... by the government revealed two important facts. .....

The State of Punjab Vs. Sodhi Sukhdev Singh

Court : Supreme Court of India

Reported in : AIR1961SC493; [1961]2SCR371

..... the aforesaid discussion yields the following propositions : (1) under section 162 of the evidence act the court has the overriding power to disallow a claim of privilege raised by the state in respect of an unpublished document pertaining to matters of state; but in its discretion, the court will exercise ..... 'in view specially of the fact that he documents are primarily commercial documents he should have condescended upon some ..... not be of material assistance to us because, as we have repeatedly pointed out, our decision must ultimately rest on the relevant statutory provisions contained in the indian evidence act; and so, the conclusion that a valid certificate issued by the minister in charge is conclusive may not be strictly applicable ..... the minister; (6) before a privilege is claimed it is desirable that each document should be examined by the department concerned and inspection permitted of all documents which cannot harm the public interest; (7) if a minister claims privilege the court will accept his statement and ought not to examine the document to see if the objection is well founded; (8) public interest must not ..... continuing it was observed that there may be some among the scheduled documents to which privilege may be genuinely attached and to give inspection of which without more would destroy the ..... ; while in scotland, though it would normally be treated as such, courts reserve to themselves an inherent right to revise or review the certificate in a proper case. 40. .....

V.S. Talwar Vs. Prem Chandra Sharma

Court : Supreme Court of India

Reported in : AIR1984SC664a; 1984(1)SCALE367; (1984)2SCC420; [1984]3SCR51; 1984(16)LC349(SC)

..... that is, undoubtedly, the primary rule of construction to which sections 90 to 94 of the indian evidence act give statutory recognition and effect.... ..... although ordinarily an office would mean the place where official business is transacted a personal office in contradistinction to an office simpliciter or a commercial office would be a place where an outsider would not normally be admitted; commercial transactions would not take place; there would be no fixity of the location and the tenant would be entitled to use any portion of the premises as his personal office and the ..... for the appellant took us to the terms of clause 12 of the lease agreement and emphasised on the feature that commercial purposes were clearly kept out and the lease was for residence and authorised the location of a personal office. ..... the parties to the document were anxious enough and took proper care in order to keep the user of the premises confined to residential purpose; that is why it was expressly stipulated in the lease to prohibit commercial user. ..... in volume 67, corpus juris secundum at page 96, the following statement appears: 'the term 'office' is one which is employed to convey various meanings, and no one definition thereof can be relied on for all purposes and occasions' ..... all the provisions of the lease deed have to be read and in fact with the assistance of counsel we have read the same more than once during the ..... it is relevant to note the description of the premises as given in the lease deed .....

Reliance Infrastructure Ltd. Vs. State Of Goa

Court : Supreme Court of India

..... of course, in the regular adjudicatory process, the court may presume existence of certain facts under section 114 of the indian evidence act, 1872; and in terms of illustration (g) thereof, the court is entitled to draw an inference that the evidence which could be but not produced would, if produced, be unfavourable to the person who withholds it. ..... according to learned senior counsel, the high court applied an inapplicable clause, while ignoring the fact that all the relevant documents including the price certificate and dollar rate received from psus were forwarded along with invoices. ..... in point (h), the high court found no fault in the computations attached to the award as schedules 2 and 3 but, in point 13 (i) observed that the commercial court only summarised the submissions of the parties and made a brief reference to the award without independent application of mind to the contentions raised. ..... the parties in the joint statement submitted by them on computation of the claim amount payable by the respondent to the claimant have themselves succinctly formulated the issues on which this tribunal is required to give its ruling, which are as follows: a) contention of the respondent that rated capacity is required to be downrated from september 2000 till the expiry of the ppa, i.e. .....

State Bank of India and anr. Vs. Mula Sahakari Sakhar Karkhana Ltd.

Court : Supreme Court of India

Reported in : AIR2007SC2361; 2006(5)ALD35(SC); 2006(3)AWC3124(SC); 2006(6)BomCR143; [2006]132CompCas565(SC); 2006(2)CTLJ1(SC); JT2006(6)SC152; 2006(6)MhLj257; 2006(6)SCALE600; (2006)6SCC

..... the high court furthermore considered the oral evidence adduced by the parties despite the bar contained in sections 91 and 92 of the indian evidence act holding:(i) ...the testimony of these witnesses, in no way, derogates the document in question. ..... (ii) ...therefore, according to us, the express terms of the written agreement in question, supported by the testimony of the respondent - bank's officer itself, apart from the appellants, some statements in the cross-examination or raising doubts about the nature of the agreement by one of the bank witness, that itself would not affect the written agreement in question.... ..... the document in question is a commercial document. ..... the said document, in our opinion, constitutes a document of indemnity and not a document of guarantee as is clear from the fact that by reason thereof the appellant was to indemnify the cooperative society against all losses, claims, damages, actions and costs which may be suffered by it. ..... state of bihar is of no avail to the appellant.the said decision, in the facts and circumstances of the case, cannot be said to have any application here. ..... as the terms of contract need not necessarily be gathered from one document, the relevant circumstances could also be considered, they being:- (a) the document in question is by way of a letter. .....