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Lack of evidence Cases, Study notes of Law of Evidence

case description on the topic Lac of evidence

Typology: Study notes

2017/2018

Uploaded on 11/16/2018

bhanwati
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CASE NOTE
S.NO. CASE NAME CITATION REVENT PARAGARPH
1Sheela R. Ohri vs Bajaj
Allianz General Insurance
NATIONAL
CONSUMER
DISPUTES
REDRESSAL
COMMISSION
NEW DELHI
REVISION
PETITION NO.
533 OF 2017
(Para) Complainant submitted claim
before the Opposite Party alongwith all
the document,
but, Opposite Party closed the file on the
ground of not filing necessary documents
and Complainant
did not substantiate loss. Alleging
deficiency on the part of Opposite Party,
Complainant filed
complaint before the State Commission.
Opposite Party resisted complaint and
justified repudiation
as Complainant did not substantiate his
claim by documents and prayed for
dismissal of complaint.
Learned State Commission after hearing
both the parties dismissed complaint
against which this
appeal has been filed.
Learned Counsel for Appellant submitted
that Learned State Commission committed
error in
dismissing complaint on technical grounds
though affidavit and documents were
already on record,
hence, appeal be allowed and impugned
order be set aside and the matter may be
remanded back to
Learned State Commission to decide
complaint after considering affidavit and
all the documents.
2HIGH COUT OF
JUDICATURE, BOMBAY V
UDAYSINGH
(1997) 5 SC
129:1997 SC
1132
(PARA 11) Under these circumstances,
the question arises whether the view taken
by the High Court could be support by the
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CASE NOTE

S.NO. CASE NAME CITATION REVENT PARAGARPH

(^1) Sheela R. Ohri vs Bajaj Allianz General Insurance

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI

REVISION PETITION NO. 533 OF 2017

(Para) Complainant submitted claim before the Opposite Party alongwith all the document,

but, Opposite Party closed the file on the ground of not filing necessary documents and Complainant

did not substantiate loss. Alleging deficiency on the part of Opposite Party, Complainant filed

complaint before the State Commission. Opposite Party resisted complaint and justified repudiation

as Complainant did not substantiate his claim by documents and prayed for dismissal of complaint.

Learned State Commission after hearing both the parties dismissed complaint against which this

appeal has been filed.

Learned Counsel for Appellant submitted that Learned State Commission committed error in

dismissing complaint on technical grounds though affidavit and documents were already on record,

hence, appeal be allowed and impugned order be set aside and the matter may be remanded back to

Learned State Commission to decide complaint after considering affidavit and all the documents. 2 HIGH COUT OF JUDICATURE, BOMBAY V UDAYSINGH

(1997) 5 SC 129:1997 SC 1132

( PARA 11) Under these circumstances, the question arises whether the view taken by the High Court could be support by the

evidence on record or whether it is based on no evidence at all. The necessary conclusion is that the misconduct alleged against the respondent stands proved.

Since the respondent is a judicial officer and the maintenance of the judgment depends upon the credibility of the conduct, honesty, integrity and character of the office and since the confidence of the litigant public gets affected or shaken by the lack of integrity and character of the judicial officer, we think that the imposition of penalty of dismissal from service is well justified. It does not warrant interference.