Civil Procedure Code, 1908, Section 151, Order 13, Rule 1, 3, 4, 6 -- Production and exhibition of documents - Objection by plaintiff - Mere exhibition of document is only for purpose of identification of document and does not dispense with its formal proof, unless same is formally proved - Moreover, plaintiff has an occasion to raise objection qua admissibility and mode..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Taking document on record U.O.8.R.1-A(3) CPC - Trial Court is not required to pronounce upon admissibility of document - Objection regarding admissibility to be considered by trial Court at the time of marking exhibit...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Marking of document involves two aspects, one is procedural and the other is substantial - Procedural aspects relate to nature of document primary or secondary and once marked without objection on the procedural aspects, later it is not left open - As regards substantial aspects, even document marked..........
Evidence Act, 1872, Section 65(c) -- Photostat copies of original document - Admissibility - Proceedings after acceptance of application u/s 65 of the Act are pending before the trial Court - Photostat copies of alleged original documents, the existence and loss thereof are still to be inquired and proved, thus, till such time exhibition of such documents is the moot point..........
Criminal trial -- Admissibility of documents - Objection - Objections regarding admissibility of documents which are per se inadmissible can be raised even at appellate stage - However, objection as to mode or method of proof has to be raised at the time of marking of document as exhibit and not later - Objections, if not raised at the trial, cannot be permitted at..........
Criminal trial -- Admissibility of document - Objection of mode or method of proof - Can be waived by accused in a criminal case...........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Documents not filed at the time of filing written statement - Such documents relevant document and having a bearing on the controversy involved - Question as to admissibility or evidentiary value of said documents need not be considered at this stage - It is also not necessary to entertain any..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Rejection of irrelevant or inadmissible documents - There is a difference between relevance of a document or its admissibility or inadmissibility - Court may reject a document if it is not relevant to the matter in controversy but so far as admissibility is concerned, an objection against admissibility should be decided as..........
Civil Procedure Code, 1908, Order 13, Rule 4, 6, 7 -- Marking of document - Mere marking of a document as an exhibit does not dispense with proof thereof - Admissibility of a document has to be tested at the stage of evidence - Document if inadmissible, cannot form part of record and shall be returned to person producing them after being rejected as admissible...........
Registration Act, 1908, Section 17, Stamp Act, 1899, Section 34, 35 -- Unregistered partition deed - Admissibility - Once a document is admitted in evidence without objection, it is not open either to trial Court itself or to a Court of Appeal or revision to go behind that order - Same cannot be excluded from the purview of consideration...........
