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IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Mukta Agarwal - Appellant
Versus
Vineet Gupta - Respondent
CM(M) 1243 of 2022
Decided On : 18-11-2022
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CM APPL. 49466/2022 (Exemption)
Exemption is allowed subject to all just exceptions.
Application stands disposed of.
CM(M) 1243/2022, CM APPL. 49465/2022
1. Present writ petition has been filed challenging the order dated 07.10.2022 whereby the objections as to the admissibility of photographs and pen drives have been dismissed by the learned trial court. Learned counsel for the petitioner submits that these objections have been dismissed despite court having noted the fact that in the proceeding itself the affidavit filed under Section 65 B of the Indian Evidence Act was not even signed.
2. Learned counsel for the respondent submits that these objections may be kept open to be decided by the learned trial court at the time of final adjudication. In the circumstances, the objections as to the photographs and pen drive as raised by the learned counsel for the petitioner shall remain open to be adjudicated by the learned trial court at the time of final adjudication in accordance with law. However, it is made clear that this court has not gone into the merits of the case.
3. Both the parties shall remain entitled to raise their rival contentions before the trial court.
4. With the above directions, the petition along with pending application stands disposed of.
The court clarified that objections to evidence admissibility should remain open for the trial court's final adjudication, emphasizing the importance of procedural compliance.
It is an archaic practice that during the evidence- collecting stage, whenever any objection is raised regarding admissibility of any material in evidence the court does not proceed further without p....
Objections to the admissibility of a document should be decided at the time they are raised, rather than deferring the decision to the final judgment.
Objections to the admissibility of documents must be raised at trial; failure to do so waives the right to contest them on appeal.
The main legal point established in the judgment is the impermissibility of making factual observations that could bias one of the parties, emphasizing the need for fairness and impartiality in the p....
Secondary evidence – In order to produce secondary evidence, foundational evidence for the same has to be led by party who seeks admission of secondary evidence.
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