Topic
The NCLAT held that a fraud-initiation claim under Section 65 IBC must be raised before the Adjudicating Authority and cannot be raised for the first time on appeal, forcing parties to raise such allegations at the CIRP stage to avoid belated challenges.
A Punjab & Haryana HC revision set aside a lower court’s acceptance of a photocopied property verification report, ruling that under Section 65 the party must first establish why the original document cannot be produced. This clarifies that secondary evidence cannot be admitted on mere assertion, impacting litigants relying on copies in civil property disputes.
Bombay High Court rules that land acquisition under the Maharashtra Tenancy Act requires strict compliance with Sections 65 and 66, mandating a statutory inquiry before any acquisition. The court quashed the acquisition order, emphasizing that procedural fairness is non-negotiable, and mere declaration without inquiry is insufficient to deprive landowners of their property rights.
Kerala High Court holds that certified copies of public documents under Section 74 Evidence Act are admissible as secondary evidence even without production of originals.