Wednesday, 22 February 2017

Exhibiting documents not sufficient but contents have to be proved _ Some recent case laws

Exhibiting documents not sufficient but contents have to be proved _ Some recent case laws
Exhibiting of document _ Proof of contents _ Document does not get proved unless the conditions enumerated in Sections 65 and 66 are complied with _ Mere exhibiting of the document does not imply that the document is admitted in the evidence and is required to be read as it is _ Giving of exhibit to a document is only ministerial act and the party is not relieved of the burden to prove the contents. (See 2009 (11) LJSOFT 12)

Mere production of documents or exhibition thereof in the Court does not amount to proof of documents and contents thereof _ It does not amount to proof of truthfulness of the contents of the documents. (See 2013 (8) LJSOFT 135)

Secondary evidence _ Court is obliged to examine the probative value of the document produced or their contents and decide the question of admissibility of a document in secondary evidence _ Also the party has to lay down the factual foundation to establish the right to give secondary evidence where the original document cannot be produced _ Neither mere admission of a document in evidence amounts to its proof nor mere making of an exhibit of a document dispense with its proof, which is otherwise required to be done in accordance with law _ Genuineness, correctness and existence of the document shall have to be established during the trial. (See 2015 (12) LJSOFT (SC) 25)

Test identification parade held by the Executive Magistrate in presence of panchas _ Neither the Executive Magistrate nor the panchas were examined by the prosecution _ Contents of the panchanama cannot be said to be duly proved _ Said document, though exhibited, can not be used against accused No.2. (See 2015 (8) LJSOFT 104)

Recovery of amount _ Report regarding value of the work done by respondents _ Maker of the report was not available for recording his evidence as he had expired _ Merely because the document is marked as an exhibit does not by itself prove the contents of such document and as such it was incumbent upon the appellant to adduce corroborative evidence to substantiate the disclosures made in such report. (See 2012 (8) LJSOFT 150)

Appointment of Court Commissioner _ Report of Court Commissioner can be made a part of the record and exhibited if report is not objected to by the parties to the suit _ However correctness of contents of the report can only be proved by examining writer/author of document _ Mere production of report and it being admitted in evidence by itself does not prove contents of document or as to what investigations were carried out by the court commissioner _ Courts below were justified in ignoring commissioner's report along with its map on the ground of non-examination of the court commissioner as a witness. (See 2010 (9) LJSOFT 71)

Proof of documents _ Merely because a document referred to in cross-examination is marked as an exhibit the same does not dispense with the proof of document in accordance with law of evidence. (See 2009 (2) LJSOFT 97)

Spot panchanama _ Appellants nowhere admitted contents of spot panchanama _ Endorsement was made to dispense with the formal proof of documents and exhibit number was put on the said document _ Such endorsement neither results in admission of the documents nor it dispenses with the necessity of proving the contents of the documents. (See 2007 (4) LJSOFT 75)

No comments: