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Roop Kumar vs Mohan Thedani on 2 April, 2003 cites

A.R. Antulay vs R.S. Nayak & Anr on 29 April, 1988

In appeal, learned counsel for the appellant has taken various pleas. Essentially they are as follows: The High Court was not justified in hearing the appeal as if it was the Trial Court having come to the conclusion that the premises on which the Trial Court proceeded were erroneous. That amounts to denial of a forum of appeal which was statutorily provided and in essence amounted to deprivation of such a right. Reliance was placed on a decision of this Court in A.R. Antulay v. R.S. Nayak and Ors. (AIR 1988 SC 1531). The High Court has not considered the true import of Sections 91 and 92 of the Indian Evidence Act, 1872 (in short the 'Evidence Act') in its proper perspective. It is not as if a party is not entitled to lead oral evidence to show that the agreement was not intended to be acted upon and the terms were really not reflective of intention of the parties. In fact, the agreement was not acted upon. The High Court proceeded on an erroneous basis as if some of the issues were not pressed before the Trial Court and the High Court. The clauses of the agreement on which the Trial Court and the High Court placed reliance do not prove the essence of the transactions and/or intention and should not have been given undue importance. Some of the basic issues like Issue No.12 were not adjudicated by the Trial Court and the High Court. Though reference was placed on the objections filed to the application under Section 145 of the Cr.P.C., stand of the appellant was not taken note of. In fact, an application had been filed for taking note of the objections which unfortunately the High Court treated to have become infructuous as it was listed on the day the judgment was delivered. While considering a plea that the agreement was not intended to be acted upon, veil has to be lifted by considering the evidence and the surrounding circumstances in their proper perspective. Though the Trial Court had granted Rs.500/- p.m. as damages, the High court suo motu without even any challenge thereto by the respondent raised the same to Rs.1200/-p.m. The specific stand of the appellant was that the agreement was executed as a devise to protect the plaintiffs in the suit for ejectment or/and that relating to fixation of standard rent in the dispute between the plaintiffs and their landlords. The High Court erroneously came to hold that payments were made as commissions for various periods. As the Trial Court proceeded on the basis as if the appellant was a party in proceedings earlier, the foundation of its conclusions was shaken. The High Court should have remitted the matter back to it for fresh adjudication after having found that the conclusions were contrary to records and materials; instead it adjudicated the matter acting as a Trial Court which is not permissible. The High Court erroneously proceeded to do so as if the appellant had conceded to such a course being adopted while in reality there was no concession.
Supreme Court of India Cites 153 - Cited by 1309 - S Mukharji - Full Document

State Of Maharashtra vs Ramdas Shrinivas Nayak & Anr on 28 July, 1982

It is to be noted that the parties agreed before the High Court that instead of remanding the matter to trial Court, it should consider materials on record and render a verdict. After having done so, it is not open to the appellant to turn round or take a plea that no concession was given. This is clearly a case of sitting on the fence, and is not to be encouraged. If really there was no concession, the only course open to the appellant was to move the High Court in line with what has been said in State of Maharashtra v. Ramdas Shrinivas Nayak and Anr. (1982 (2) SCC 463).
Supreme Court of India Cites 12 - Cited by 529 - O C Reddy - Full Document

Bhavnagar University vs Palitana Sugar Mill Pvt. Ltd. & Ors on 3 December, 2002

In a recent decision Bhavnagar University v. Palitana Sugar Mill Pvt. Ltd. and Ors. (2002 AIR SCW 4939) the view in the said case was reiterated by observing that statements of fact as to what transpired at the hearing, recorded in the judgment of the Court, are conclusive of the facts so stated and no one can contradict such statements by affidavit or other evidence. If a party thinks that the happenings in Court have been wrongly recorded in a judgment, it is incumbent upon the party, while the matter is still fresh in the minds of the Judges, to call the attention of the very Judges who have made the record. That is the only way to have the record corrected. If no such step is taken, the matter must necessarily end there. It is not open to the appellant to contend before this Court to the contrary.
Supreme Court of India Cites 59 - Cited by 919 - S B Sinha - Full Document

Bai Hira Devi And Others vs The Official Assignee Of Bombay on 20 February, 1958

The two sections are, however, differ in some material particulars. Section 91 applies to all documents, whether they purport to dispose of rights or not, whereas Section 92 applies to documents which can be described as dispositive. Section 91 applies to documents which are both bilateral and unilateral, unlike Section 92 the application of which is confined to only to bilateral documents. (See: Bai Hira Devi and Ors. vs. Official Assignee of Bombay AIR 1958 SC 448). Both these provisions are based on "best evidence rule". In Bacon's Maxim Regulation 23, Lord Bacon said "The law will not couple and mingle matters of speciality, which is of the higher account, with matter of averment which is of inferior account in law". It would be inconvenient that matters in writing made by advice and on consideration, and which finally import the certain truth of the agreement of parties should be controlled by averment of the parties to be proved by the uncertain testimony of slippery memory.
Supreme Court of India Cites 9 - Cited by 57 - P B Gajendragadkar - Full Document

Gangabai W/O Rambilas Gilda vs Chhabubai W/O Pukharajji Gandhi on 6 November, 1981

This Court in Smt. Gangabai v. Smt. Chhabubai (AIR 1982 SC 20) and Ishwar Dass Jain (dead) thr.Lrs. v. Sohan Lal (dead) by Lrs.(AIR 2000 SC 426) with reference to Section 92(1) held that it is permissible to a party to a deed to contend that the deed was not intended to be acted upon, but was only a sham document. The bar arises only when the document is relied upon and its terms are sought to be varied and contradicted. Oral evidence is admissible to show that document executed was never intended to operate as an agreement but that some other agreement altogether, not recorded in the document, was entered into between the parties.
Supreme Court of India Cites 23 - Cited by 147 - R S Pathak - Full Document
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