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Showing contexts for: unsigned document in M/S. Lairy Distributors Pvt. Ltd., New ... vs Dcit, New Delhi on 27 January, 2016Matching Fragments
2.2.3 From the reading of the High Court order coupled with the Writ petition so filed it becomes apparent that 'the belongingness of these documents' was not questioned by the petitioner (Pepsico) on the ground that they are just the photo copies or that the cheques were unsigned ones. High Court at its own (probably to do substantial justice & apparently following the principles of equity) instead of answering the five questions of law so posed allowed the petition holding none of the documents to be belonging to the petitioner. Thus, non answering of five questions posed that too when there were no averment about the nature of a document (like whether photo copy or whether a unsigned document/cheque etc. can be said to be belonging to assume jurisdiction) goes to show that the judgment is basically based on equity and fundamentally on facts and not on law especially when law does not restrict invocation of jurisdiction only when original or signed document is found.