Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Special Court Recovery suit |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Special Court (Trial of Offences Relating to Transactions c in Securities) Act, 1992 -Recovery suit - Special Court established under the Act passed decree - Propriety of the . decree - Held: Not proper - Plaintiff did not adduce any evidence in support of its pleadings and merely tendered certain documents but did not bother to prove them inspite of caution by the Special Court - Course adopted by the Special Court of looking into the correspondence between the parties, which had not been proved not permissible in law - Though the Special Court was not bound by the CPC, it did not relieve it from the obligation to follow the Evidence Act - Further, the Special Court erred in extensively relying upon the second interim report of the Jankiraman Committee - Janakiraman Committee is not even a statutory body authorised to collect evidence in the legal sense - Report o~ Janakiraman Committee is not evidence within the meaning of Evidence Act which the Special Court was bound to follow - Suit required to be dismissed on ground that no evidence was led by the plaintiff to establish its case - The plaintiff approached the Special Court with unclean hands by suppressing relevant material - There was sheer abuse of the legal process - Decree set aside in toto - Evidence Act, G 1872. |
Judge | Hon'ble Mr. Justice Jasti Chelameswar |
Neutral Citation | 2013 INSC 504 |
Petitioner | State Bank Of India Thr. General Manager |
Respondent | National Housing Bank & Ors. |
SCR | [2013] 13 S.C.R. 1074 |
Judgement Date | 2013-07-31 |
Case Number | 2155 |
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