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Bombay High Court Allows Appeal Against Recall of Commissioner Appointment in Commercial Suit — Coordinate Bench Cannot Recall Orders of Another Coordinate Bench Unless Per Incuriam. Order Appointing Commissioner Without Reasons Is Not Per Incuriam Under Order XVIII Rule 4 CPC.

The reference before the Division Bench arose from an order dated 4 July 2012 of a learned Single Judge (B.R. Gavai J.) in Suit No.550 of 2003. The su...

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Supreme Court Upholds Inherent Powers of Courts to Recall Insufficiently Stamped Evidence. Key Judgment on the Reassessment of Admitted Documents in Civil Proceedings to Prevent Revenue Loss

This civil appeal addresses whether a court can recall the admission of an instrument as evidence, which was marked as an exhibit despite being insuff...

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Bombay High Court Dismisses Notice of Motion in Admiralty Suit — Commissioner to Record Objections for Court Determination at Trial. Admissibility of Documents Not to Be Decided at Interlocutory Stage Under Order 18 CPC.

The plaintiffs, Oil and Natural Gas Corporation Ltd., filed an admiralty suit for recovery of Rs.8,39,14,843/- plus US $45,26,707.88 and US $12,340 wi...

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Bombay High Court Dismisses Petition Challenging Refusal to Exhibit Unregistered Document. Document styled as 'Sammati Patra' held to be a relinquishment deed requiring compulsory registration under Section 17 of the Registration Act, 1908, and hence inadmissible without registration.

The petitioner, Lakhichand alias Lakhamichand s/o Kewalram Hariyani, filed a writ petition under Articles 226 and 227 of the Constitution of India cha...

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Supreme Court Allows Accused's Appeal for Cloned Copy of Memory Card in Rape Case — Right to Fair Trial Prevails Over Victim's Privacy. Electronic Record Held to be 'Document' Under Evidence Act and IPC, Entitling Accused to Copy Under Section 207 CrPC.

The appellant, P. Gopalkrishnan @ Dileep, was arrayed as accused No. 8 in a case registered under various sections of the Indian Penal Code, 1860 and ...

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Bombay High Court Allows Petitioner to Recall Document for Evidence in Civil Suit — Inherent Power Under Section 151 CPC Can Be Invoked for Recall of Document from Collector's Office for Purpose of Tendering in Evidence

The petitioner, Shri Gruha Nirman Sahakari Sanstha Ltd., a housing society, filed a writ petition challenging the order dated 31-1-2012 passed by the ...

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Bombay High Court Allows De-exhibition of Documents in Civil Suit — No Opportunity Given to Prove Documents. Court holds that de-exhibition of documents is permissible under CPC and that plaintiff must be given opportunity to prove documents before they are excluded.

The petitioner, Sunil Tukaram Bharadkar, filed a civil suit (Civil Suit No.3600 of 2004) against the respondent, Santosh Gopichand Rane. On 19-7-2005,...