Skip to main content

When Trial Court Records Are Summoned By Higher Courts Only Photocopy/Scanned Copy Of The Records Need To Be Sent To Avoid Delay

A Supreme Court Bench of Justice AK Goel and RF Nariman in ASIAN RESURFACING OF ROAD AGENCY P. LTD. vs CENTRAL BUREAU OF INVESTIGATION has directed that if the trial court record is summoned by a higher Courts, the trial courts may send photocopy/scanned copy of the record and retain the original so that the proceedings are not held up.

The Bench also held that wherever the original record has been summoned by an appellate/revisional court, photocopy/scanned copy of the same may be kept for its reference and original returned to the trial courts forthwith.

Comments

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

A liquidator must pay GST on sale of assets of a defunct company

The West Bengal Authority of Advance Ruling has ruled that a National Company Law Tribunal appointed liquidator must have the GST registration till all liabilities cease to exist and that the liquidator must pay goods and services tax (GST) on sale of assets of a defunct company under liquidation, as the sale is effectively supply of goods. 

In merit-cum-senority selection process, merit should take precedence

In Tek Chand v. Bhakra Beas Management Board, the petition was filed before the Division Bench of the High Court of Himachal Pradesh that the Board (respondents) was not promoting him. The respondents contended that the appreciation letter per se did not confer any automatic right to claim promotion, as the promotion had to be made strictly in accordance with the Board’s management Regulations, thus, the Petitioner could not claim an out of turn promotion as he was listed at a rather lower rank. The Court held that in a case of selection based on merit-cum-seniority, it is a well settled principle that merit has to be given precedence over seniority. Accordingly, appeals were dismissed.