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...admissible in evidence under Section 26 of the Evidence Act. Jeevan Reddy, J. held that the principles of the Evidence Act..., it is not correct to state that the authorities proceeded only on the confession and even if the alleged...was illegal as he was not a person duly authorised to make such seizure under Rule 126(L) of the Defence of India Rules. The learned Judge rejected the contention stating...
...out that the income tax authorities are quasi-Judicial authorities. Therefore, the Indian Evidence Act is not applicable to the income tax
2...of documents. When such is the position, income tax authorities, to whom Indian Evidence Act is not applicable, have to necessarily take note of copies of the material that may be produce...them. Therefore, in our view, the first appellate authority is not correct in refusing to admit copies of affidavit filed by the assessee. When copies are filed, if the lower authorities have any doubt...
...provisions of the Code of Civil Procedure, 1908 are not applicable to proceedings before the authorities mentioned in sub-section (1). The provisions of the Evidence Act, in their strict sense, li...respect of such other matters as may be prescribed. Although the Tribunal or other authorities specified in Section 11 are not courts but they have the trappings of a court, and they exercise quasi-judicial.... In other words, the purpose of the Act is to settle disputes between workmen and employers which if not settled, would result in strikes or lock-outs and entail dislocation of work, essential to the...
...CPC and the Evidence Act are not applicable to Tribunals/ Quasi-Judicial Authorities…". Quasi-Judicial proceedings are guided by the princip...Interim Order do not belong to the Entity.
7.12. As per Section 11(4)(e) of SEBI Act, Board shall obtain confirmation from Special Court for the attachment of bank...veracity of the purported screenshots is questionable as SEBI has not provided certificate under Section 65B(4) of the Indian Evidence Act.
7.36. The...
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...the claim made in Clause M.
17.26 It is true that the rigors of CPC and the Evidence Act are not be applicable to Tribunals/Quasi-Judicial ...finding that CPM who owes a duty to explain this leakage of confidential mail, could not provide a satisfactory answer and that therefore, by virtue of section 106 of the Evidence Act, the leakage has...the company, and we have not found any merit to believe that his removal as director falls within the ambit of section 241 of Companies Act 2013.
44...
...:
"It is true that the rigors of CPC and the Evidence Act are not be applicable to Tribunals/Quasi¬Judicial Authorities…"
...were displayed.
6.2. No certificate under Section 65B (4) of the Indian Evidence Act,1872 was obtained or even sought by SEBI from the complainants to verify that the...activities by the Noticees,have not been verified with the original messages. Further, certificate under Section 65B (4) of the Indian Evidence Act,1872 has not been obtained by SEBI. In this regard...
... Evidence Act are not applicable to Tribunals/Quasi-Judicial Authorities…"
Quasi-judicial proceedings are guided by principles o...scheme of front running, they would not have limited their profits to merely INR 34.5 lakh.
8.8. Without prejudice, it is submitted that no evidence has been brought on record by...written and oral submissions, it will be appropriate to reproduce the text of prima facie applicable provisions in the matter which are Sections 12A (a), (b), (c) and (e) of SEBI Act, regulations 3...
...Indian Evidence Act, 1872.
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19. In this regard, Hon'ble Supreme Court of India in the matter of Tata Consultancy Services Limited v. Cyrus Investments ...present proceedings before SEBI, are quasi-judicial in nature and hence the Indian Evidence Act shall not apply... the Evidence Act. Hence the same need not be allowed to influence the decision of the Ld. Authority.
7.6. Inspection of the documents may be provided...
.... Ltd., 2021 SCC OnLine SC 272, para nos. 172 and 173, as follows:
“172. It is true that the rigors of CPC and the Evidence Act are not be applicable to ...natural justice have to be followed and while delay caused on account of rigours of CPC and Evidence Act is to be avoided, it should not lead to indiscipline in pleadings and procedure. Question i.... Such a concession was incorporated in all Statutes by which quasi judicial Tribunals are created, solely with a view to avoid delay in the dispensation of justice. But instead of eliminating delay, it...
...Pvt. Ltd. dated March 26, 2021 wherein it was held as follows: "It is true that the rigors of CPC and the Evidence Act are not applicable to Tribunals/Quasi-Judicial ...in the preceding paragraphs, provisions of Indian Evidence Act, 1872 are not strictly applicable to quasi-judicial proceedings. Further, it is observed that Sushil Finance has only provid...-judicial proceedings are guided by principles of natural justice. They are not strictly subject to provisions of Indian Evidence Act, 1872. Hence, I find the submissions of the Noticees...
...Evidence Act as such is not applicable to enquiries of a quasi-judicial character unless the Statute, governing such proceedings direct otherwise. It is also fairly well-settled that the ...-examine a witness in the sense in which it is used in the Evidence Act is not inherent in the rules of natural justice that are to govern enquiries by quasi-judicial tribunals. It will be apposit...of the Evidence Act in the case of enquiries by quasi judicial tribunals. In Amba Lal v. Union of India1a notice was issued to...
...that the rigors of CPC and the Evidence Act are not be applicable to Tribunals/Quasi- Judicial Authorities..."
47. Further, in this regard, relian..."all judicial proceedings in or before any Court". As regards the present proceedings before SEBI, it is noted that the same are quasi-judicial in nature and hence the Indian Evidence Act does not...such, the provision so the Indian Evidence Act,1872 are not strictly applicable in the present matter. Here, it would be appropriate to refer to the order of Hon'ble Supreme Court of...
...Court" whereas the extant proceedings are quasi-judicial in nature. Hon'ble Supreme Court's in the matter of Tata Consultancy Services Limited v. Cyrus Investments Pvt. Ltd. (2021 INSC 217) held that
...Quasi judicial officer. Therefore, the provisions of The Evidence Act, 1872 particularly special provisions relating to evidence relating to Section 65A, Section 65B and S...not relevant."
30. Thus, section 65B pertaining to admissibility of electronic records before a court of law, is not applicable to quasi- judicial proceedings befo...
...CPC and the Evidence Act are not applicable to Tribunals/ Quasi-Judicial Authorities…". Quasi-Judicial proceedings are guided by the principles of I...the strict rules of the evidence and procedure outlined in the Indian Evidence Act. However, even if these proceedings are not bound by the Evidence Act, quasi-judicial ...statements of each person as per the established procedure and practice. I note that Indian Evidence Act primarily governs judicial proceedings in Courts. Quasi-judicial proceedings are not bound ...
...that the rigors of CPC and the Evidence Act are not applicable to Tribunals/Quasi-Judicial Authorities…". Quasi-judicial proceedings are guided by p...proceedings are quasi-judicial in nature and the Indian Evidence Act does not strictly apply to this proceeding.
32.11.5. Noticee nos. 12, 14, 15 and 19 have s...not a part of the present quasi-judicial proceedings.
32.1.13. In view of the above, I conclude that all the relevant documents have been provided to the Noticees and no...
...Act are not applicable to Tribunals/Quasi-Judicial Authorities…". Quasi-judicial proceedings are guided by principles of natural justice. They are ...information sought is not a part of the present quasi-judicial proceedings.
37.1.14. In view of the above, I conclude that all the relevant documents have been provided to the...Code of Civil Procedure would be applicable. In this regard, I note that the present proceedings have been initiated under Sections 11(1), 11(4) and 11B (1) of SEBI Act and hence are quasi-judicial in...
...the indian evidence act is not applicable to the case in hand.
From the records, it is seen that there is enough material on record to show that the petitioner had only 20 liters...absence of evidence, this Court should interfere with the findings recorded by the authorities in such a case. This being a quasi judicial proceeding, strict adherence rule of evidence as provided in...Court, while exercising writ jurisdiction, is not required to reassess evidence. Rather has to see if the petitioner has been given adequate opportunity of hearing or not. Only in the case absolute...
...:
"It is true that the rigors of CPC and the Evidence Act are not be applicable to Tribunals/Quasi-Judicial Authorities..."
...SEBI, it is noted that the same are quasi-judicial in nature and hence the Indian Evidence Act does not apply thereto. 13.6.1.9.3. Further, in this regard it is noted that SEBI in its order dated...decided on March 7,2017. As such, the provision of the Indian Evidence Act,1872 are not strictly applicable in the present matter. Here, it would be appropriate to refer to...
...: "It is true that rigors of CPC
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and the Evidence Act are not applicable to Tribunals/ Quasi-...-Judicial proceedings are guided by the principles of natural justice. They are not strictly subject to the provisions of Indian Evidence Act. In any case, Vikas Garg has.... Prijesh Kurani's residence in the month of May 2022 is not provided. The procedure required to be followed as per The Indian Evidence Act, 1872 is not followed.
12.8. No...