II URN 33/94
AI generated
Supreme Court quashes social security judgment for omitting deceased witness's written statement in evidence assessment.
Legislator summary
AI generatedThe Supreme Court quashed the lower court's decision denying pension benefits due to the failure to consider a written statement from a deceased witness. The applicant argued that ignoring this document violated the principle of comprehensive evidence evaluation, while the Social Insurance Fund contended the evidence was insufficient. The court ruled that excluding the written declaration constituted a gross violation of procedural fairness, necessitating a retrial.
Legislator headnote
AI generatedArt. 3 § 2 k.p.c.; Art. 233 § 1 k.p.c.: The court must comprehensively evaluate all evidence, including written statements from deceased witnesses, and omitting such documents constitutes a gross violation of the principle of free evaluation of evidence.
Keywords
AI generated
social security benefits
deceased witness statement
comprehensive evidence evaluation
free evaluation of evidence
supreme court review
pension entitlement
procedural fairness
Cited Legislation
AI generatedArt. 3 § 2 k.p.c.
Art. 233 § 1 k.p.c.
Art. 422 § 2 k.p.c.
Art. 421 § 2 k.p.c.
Art. 419 § 3 k.p.c.
art. 419 § 3 k.p.c
art. 3 § 2 k.p.c
art. 233 § 1 k.p.c
art. 422 § 2 k.p.c
art. 421 § 2 k.p.c