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GAJENDRA SINGH
Sunehara Ansari (Smt. ) – Appellant
Versus
Iftakar Ansari – Respondent
ORDER
1. This Miscellaneous Petition under Article 227 of the Constitution of India has been preferred challenging the order dated 19.10.2023 by 22nd District Judge, Indore in EP No.4 of 2022 whereby the determination of petitioner's objection regarding admissibility of certificate purported to be issued by one Mohd. Ahmad under Section 65-B of Indian Evidence Act, 1872 marked as Exhibit P/24 has been postponed till the final disposal of case.
2. Brief facts of the case are that petitioner was elected as Counsellor of Ward No.60 of Indore Municipal Corporation in public election conducted on 6.7.2022. An election petition challenging the election of petitioner was filed which is pending before the 22nd District Judge, Indore as EP No.4 of 2022.
3. During the course of evidence of respondent No.1(PW-1), proposed certificate issued by one Mohd. Ahmad under Section 65-B of Indian Evidence Act was objected by the petitioner stating that the proposed certificate is not original document but photocopy, so it cannot be admitted as a valid evidence.
4. Objecting to the contentions of petitioner counsel for respondent No.1 urged that the proposed document is original which bears the signatures
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 documents must be raised at trial; failure to do so waives the right to contest them on appeal.
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.
Electronic records cannot be admitted into evidence unless the mandatory requirements of Section 65-B of the Evidence Act are satisfied, including obtaining a certificate in terms of Section 65-B(4) ....
The court upheld the trial Court's decision, affirming that certified copies of public documents are admissible without original records unless substantial reasons are provided otherwise.
The presumption of validity for registered wills does not eliminate the necessity for compliance with statutory requirements regarding their execution and admissibility as evidence.
Secondary evidence – Photocopies of bank drafts and money receipts come within purview of Section 65 of Evidence Act, 1872.
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