Evidence Act, 1872, Section 65, 66 -- Secondary evidence - Marking of photocopies of documents - Primary evidence in custody of other side - Procedure prescribed in S.66 of the Act to be followed...........
Criminal trial -- Proof of document - Simply marking a file containing material documents would not amount to proof of materials contained in file - A document which requires proof under Evidence Act must be properly and legally proved by person who issued the document...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Documents in question were already on record which were filed with evidence on affidavit and were tendered for marking - But same were not marked as exhibits - Application for recall of witness in order to lead further evidence for the purpose of marking those documents as exhibits - Application..........
Evidence Act, 1872, Section 3 -- Document - Proof of - Mere marking of a document is not proof of its contents - Any document placed on record by parties, if marked while evidence is recorded, that itself is insufficient to accept such document having any evidentiary value...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Unregistered document required by law to be compulsory registered cannot be marked in evidence - Even if marked in evidence by mistake, same cannot be acted upon...........
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 13, Rule 1, 2, 3, 7 -- Production and marking of documents - Law as to - (1) A list of documents should be filed along with the plaint or written statement and if the parties want to file document subsequently, they have to take leave of the Court; (2) The documents, which are marked, does not..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of documents - Objection - Relevancy of document need not be decided at the time of marking the document - Admissibility of document can be raised at a later stage and should be decided by Court at the time of pronouncement of judgment...........
Civil Procedure Code, 1908, Order 13, Rule 1 -- Mode of proof of a document and admissibility - Difference - Objection - Mode of proof of a document is a matter of procedure while its admissibility is a matter of substantive law - If the objection is as to the admissibility of the document, then mere marking of document as an `exhibit' does not preclude any objection being..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Exhibits - Prayer for deletion of exhibits - DW2 not a party to suit was summoned by Court - DW2 produced proof affidavit along with documents after giving copy of affidavit along with details of documents to plaintiff's counsel - At the time of examining DW2 plaintiff and his counsel not appeared and no reasons given for the..........
Service -- Recruitment of constables - Height wrongly recorded - Negligence by officials marking measurements and candidates also manipulated their heights by wrongly recording more than their actual heights - Appellants terminated after four years of service - Held, even in case of manipulation by candidates concerned officials cannot be absolved of responsibility -..........
