Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of PW1 for marking documents and reopening of evidence of PW1 - Suit was already pending consideration for almost 15 years - PW1's evidence was recorded almost a decade back - During all this time when suit was pending before Trial Court, petitioner never thought of getting these documents marked -..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - At the stage of deciding an application U.O.7.R.14(3) CPC Court is not required to see whether document is forged, concocted or unauthorized - Evidentiary value or reliability of document is required to be seen at the time of marking exhibit and/or at the time of leading evidence...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Exhibiting a document - Marking of documents itself will not amount to admission of documents - They are being marked as exhibits...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of documents - Once case is pending for plaintiff's evidence, marking documents in evidence can be denied only when Court comes to a conclusion that such document is either not relevant or not admissible in evidence...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Law as to - (a) Law requires the best evidence to be given first, that is, primary evidence; (b) S.63 of the Evidence Act provides a list of the kinds of documents that can be produced as secondary evidence, which is admissible only in the absence of primary evidence; (c) If the original document is available, it has..........
Evidence Act, 1872, Section 61 -- Proof of a document - Mere marking of exhibit on a document does not dispense its proof - Document has to be proved qua its contents in terms of S.61 of the Act, either by primary or secondary evidence - In the absence of such a burden being discharged while exhibiting the documents, Appellate Court has clearly erred in accepting documents..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Documents sought to be marked as additional evidence are not new documents - By marking of these documents, nature or course of case will not be altered - Documents have not been produced before trial Court due to inefficiency or inadvertence of person who conducted the case -..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents which defendants propose to mark are in no way connected with suit property - Such documents are irrelevant documents and not material to facts in issue in the case - Even there is no pleading in written statement regarding such documents - No reasons were substantiated by..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of PW1 for re-examination - Plaintiff case is that in order to prove that her vendor was in absolute possession of suit property and after the purchase by her she is in possession, certain additional documents are required to be marked - Application not filed to fill up lacuna in the plaint - Plaintiff..........
Criminal Procedure Code, 1973, Section 311 -- Examination of expert and marking Forensic Lab report of expert along with documents sent for comparison - Entire criminal proceedings initiated on the basis of enquiry report u/s 81 of T.N Co-operative Societies Act - Proposed document to be marked by prosecution is nothing but FSL expert report filed by Enquiry officer - No..........
