Is n't evidence a necessity?
Baskaran Kanakasabai
(Querist) 14 July 2010
This query is : Resolved
In the process of litigation, is n't evidence a necessity to establish that one party to the litigation has erred and that the other is innocent, in order to punish the guilty and protect or compensate the innocent?
Guest
(Expert) 14 July 2010
KINDLY NOTE THAT IN CASE ANY FALSE COMPLAINT IS FILED AND NO EVIDENCE PRODUCED THEN ACCUSED ACQUITED. THE ACCUSED CAN FILE A CRIMINAL CASE/ CIVIL SUIT FOR DEFAMATION AND PRAY FOR PUNISHMENT /COMPENSATION AND COSTS.
THANKS.
Devajyoti Barman
(Expert) 14 July 2010
Against the filing a false and frivolous suit the relief lies in the same suit but by initiating another proceeding u/s340 after which the particular court would send the complaint to the CJM for making inquiry and starting a proceeding if the allegations of false evidence found to be prima facie true.
Chanchal Nag Chowdhury
(Expert) 17 July 2010
All cases are decided on evidence, which may be oral or documentary or both.
Baskaran Kanakasabai
(Querist) 17 July 2010
If so, there are many cases like - SC 1996 AIR 540, which involve alienation of title of land by registered sale deed after notification u/s 4 (1) of LA Act, 1894,
wherein the judge has stated
"It is settled law that any person who purchases land after
publication of the notification under Section 4 [1], does so
at his/her own peril. The object of publication of the
notification under Section 4 [1] is notice to everyone that
the land is needed or is likely to be needed for public
purpose and the acquisition proceedings points out an
impediment to anyone to encumber the land acquired
thereunder. It authorizes the designated officer to enter
upon the land to do preliminaries etc. Therefore, any
alienation of land after the publication of the notification
under Section 4 [1] does not bind the Government or the
beneficiary under the acquisition."
The statement effectively means that the notification published so by the LAO, is a notice to all.
Therefore the judgment means that the purchaser had notice of the LA proceedings through such publication and since the notified land was purchased after due notice and with knowledge of the proceedings, the alienation is void.
MY question is: In such cases what is the presented or submitted evidence (either oral or documentary) to prove that the purchaser had notice or knowledge of the acquisition that validates such judgment which deprives the purchaser of his fundamental right to property.
