Topic

material evidence

2 articlesLatest April 2026
Order XLVII Rule 1 CPC | Omission of Material Evidence Justifies Recall of Judgment in Land Dispute : Punjab & Haryana HC
Case Law Analysis
|Punjab and Haryana High Court

Order XLVII Rule 1 CPC | Omission of Material Evidence Justifies Recall of Judgment in Land Dispute : Punjab & Haryana HC

The Punjab & Haryana High Court set aside an appellate judgment after finding that the exclusion of a Financial Commissioner’s order-restoring land allotment-rendered the decision legally flawed. The Court ruled that material evidence critical to the dispute’s foundation must be considered, reinforcing that review jurisdiction under Order XLVII CPC is not merely procedural but essential for substantive justice.

Section 138 NI Act | Bank Ledger as Material Evidence Must Be Considered in Cheque Validity Disputes : Bombay High Court, Aurangabad Bench
Case Law Analysis
|Bombay High Court

Section 138 NI Act | Bank Ledger as Material Evidence Must Be Considered in Cheque Validity Disputes : Bombay High Court, Aurangabad Bench

The Bombay High Court set aside an appellate order that dismissed a Section 138 NI Act complaint on grounds of cheque validity, holding that the lower court erred by ignoring crucial bank ledger evidence proving timely presentation. The ruling reinforces that documentary proof of cheque presentation within the validity period is essential for establishing liability under the NI Act, impacting creditors and businesses relying on cheque-based transactions.

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