Skip to main content

Court must apply its mind to the entire evidence on which a party has placed reliance for proving his case

In Vilas Dinkar Bhat vs State Of Maharashtra, the question arises in this appeal was about the caste of the appellant­whether the appellant belongs to a caste, known as “Thakar”­ a Schedule Tribe, or not. According to the appellant, he by birth belongs to “Thakar” caste which is a Schedule Tribe and, therefore, he is entitled to claim a declaration to that effect in his favour and for this the appellant had filed as many as 50 documents in support of his case to prove that he belongs to a caste “Thakar” but unfortunately neither the Committee and nor the High Court examined the documents in their proper perspective in their respective jurisdiction and, therefore, the matter needs to be reconsidered by the Committee afresh.

The Supreme Court on appeal held that the Committee though considered some documents filed by the appellant but did not consider all the documents on which the appellant had placed reliance. The High Court in its writ jurisdiction declined to go into the merits of the writ petition stating that since the issue involves questions of fact, it is not possible to examine the case on facts in its writ jurisdiction. It is more so when the Committee probed the issue in detail on facts. 

When a party relies upon any evidence, whether it is oral or documentary, in support of his case, the Court/Committee/Authority, as the case may be, and especially the original Court is under an obligation to apply its mind to the entire documentary evidence on which the party has placed reliance for proving his case and record its reasoned findings whether accepting the evidence or rejecting it. What is important is the consideration of entire evidence adduced by the parties in accordance with law while deciding the case. 

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...

Owner of vehicle is not expected to verify the genuineness of the driving license before appointing a driver

Cause Title : Rishi Pal Singh Versus New India Assurance Co. Ltd & Ors., Civil Appeal No. 4919 Of 2022, The Supreme Court Of India Date of Judgment/Order : July 26, 2022 Corum : Hemant Gupta; J., Vikram Nath; J. Background the truck owned by the appellant met with an accident. The owner deposed before the court that before employing the driver, he had taken his driving test and that he was driving the vehicle satisfactorily and  that the driver was employed with him for 3 years before the date of the accident. He produced his driving license. This was reaffirmed by the driver who deposed that the driving license was obtained from the driver and it was issued from Nagaland, but no such license was produced on record. Both the Motor Accident Claims Tribunal and the High Court have held that the owner has alleged that the driver had a driving license from Nagaland but the same was not produced and therefore, the Insurance Company is entitled to recover the awarded amount...

Person Being Prosecuted To Be Provided With All Relevant Documents

The Delhi High Court, in the case of Poonam Jain vs Union of India & Ors, noted that a person being prosecuted against has a right to be provided with all the material relied upon by the prosecuting agency to prosecute her/ him. In the instant case, a search was conducted at the residences of the petitioners and their statements were recorded and several documents were seized. They were issued show cause notices under Section 276 C(1) and Section 277 of the Income Tax Act, Section 181 of the Indian Penal Code and Sections 50 and 51 of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act. They sought to be provided with a copy of their statements and the documents seised. However, the same was denied to them.