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2004 Supreme(SC) 798

S.H.KAPADIA, ASHOK BHAN
Dayamathi Bai – Appellant
Versus
K. M. Shaffi – Respondent


Judgement Key Points

Certainly. Here are the key points derived from the provided legal document:

  1. Objections related to the mode of proof of a document are procedural in nature and can be waived if not raised at the appropriate time, specifically before the document is marked as an exhibit and admitted into evidence (!) (!) .

  2. When a party admits a certified copy of a document without raising an objection to its mode of proof at the time of admission, they cannot later challenge its admissibility on procedural grounds (!) (!) .

  3. If the objection is that the mode of proof was irregular or insufficient, it must be raised at the trial stage before the document is marked and admitted. Failure to do so results in waiver of that objection (!) (!) .

  4. The admissibility of secondary evidence, such as a certified copy, depends on whether the foundation for its admissibility was properly laid. If the original document is not produced, the party must establish that the original is lost or unavailable, and this must be done before the document is admitted (!) (!) .

  5. In the case discussed, the party did not challenge the execution of the original documents or object to their admission at the appropriate time, leading to the conclusion that the documents were properly admitted and their contents accepted (!) (!) .

  6. The failure to object at the time of admission of the document led to the waiver of procedural objections, and the appellate court was correct in relying on the certified copies for its decision (!) (!) .

  7. The procedural rules emphasize that objections to the mode of proof should be made immediately and prior to the document being marked as an exhibit. Objections made after the fact are generally considered waived, especially if the document has been admitted without challenge (!) (!) .

  8. The appellate court's decision to uphold the admissibility of the documents was consistent with procedural law principles, given the absence of timely objections (!) (!) .

These points highlight the importance of raising procedural objections promptly during trial to preserve the right to challenge evidence's admissibility.


JUDGMENT

Kapadia, J.-This appeal by special leave is filed by the original defendant against the judgment and order dated 18th December, 1998 passed by the High Court of Karnataka in R.S.A. No. 802 of 1995.

Briefly, the facts giving rise to this appeal are as follows:-

2. K.M. Shaffi, respondent herein instituted a suit bearing O.S.No. 451/84 in the Court of Principal Munsiff, Bellary (hereinafter for the sake of brevity referred to as "the trial Court") for a declaration that a portion of T.S.No. 272-A and T.S. No. 273-B admeasuring 80 x 120 (hereinafter for the sake of brevity referred to as "the suit plot") was his and his brother s absolute property. In the said suit, the plaintiff also sought an injunction restraining the appellant herein (defendant) from entering the suit plot.

3. T.G. Sreenivasa Pillai, T.G. Vivekananda Pillai and T.G. Sathyanarayana Pillai sons of Gurunatham Pillai were the owners of suit land bearing S. No. 635R (which was revised to T.S. 272) admeasuring 90 cents and S. No. 635T (revised to T.S. 273) admeasuring 5 acres 38 cents. The sons of Gurunatham Pillai sold the above lands to Khan Saheb Abdul Hye vide sale deed dated 14.11.1944 (Ex.P.1) for Rs. 300/-




















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Judicial Analysis

None of the cases provided in the list are identified as overruled, reversed, or bad law.

In fact, the primary case featured throughout the list, *Dayamathi Bai vs. K. M. Shaffi* (AIR 2004 SC 4082 / (2004) 7 SCC 107), is consistently cited as good, binding precedent by the various courts represented in the text. One specific entry (MOORTI MANDIR BABA RAMDEV VIRAJMAN RAJENDRAPURA HATHI BHATA, AJMER VS CHAND KANWAR - 2018 0 Supreme(Raj) 1311) mentions that a different case, *Chandrabai and others*, "stands implied overruled by the judgment rendered by the Apex Court in the case of Dayamathi Bai (Smt.)"—this confirms *Dayamathi Bai* is the *overruling* authority, not the overruled one.

All entries regarding *Dayamathi Bai vs. K. M. Shaffi* (2004) fall under this category. The case is universally treated as established law regarding procedural waiver and admissibility of documents.

* **Evidence of "Followed" treatment:**

* Mohammed Aleemuddin VS Anney Vishwanath Rao died per L. R. Sri Sunil Kumar Anney - 2018 0 Supreme(AP) 124: "...the same is quoted with approval by another bench of the Apex Court in Dayamati Bai."

* Kathi Narsinga Rao VS Kodi Supriya - 2016 0 Supreme(AP) 477: "...following the same later in LIC Vs..."

* Tarif Uddin (Md. ) VS Mafizuddin (Md. ) - 2019 0 Supreme(Gau) 1298: "...reiterating the ratio laid down in R.V.E. Venkatachala Gounder... KM Shaffi reported in (2004) 7 SCC 107..."

* Venkatesh Coke and Power Limited VS Otto India Private Limited - 2022 0 Supreme(Mad) 3831: "The Hon'ble Apex Court expressed similar view in the case law reported in 2004 (4) CTC 226 in [Smt.Dayamathi..."

* MOORTI MANDIR BABA RAMDEV VIRAJMAN RAJENDRAPURA HATHI BHATA, AJMER VS CHAND KANWAR - 2018 0 Supreme(Raj) 1311: Confirms *Dayamathi Bai* as an overruling authority against *Chandrabai*.

The list contains several references to cases that are generally discussed alongside legal points regarding specific types of evidence (e.g., dying declarations, Section 319 Cr.P.C., Section 482 Cr.P.C.).

* Kaliya VS State of M. P. - Crimes (2013): Discusses the procedure for dying declarations.

* Ashraf Ali VS State of U. P. - 2018 0 Supreme(All) 2288, Udai Narayan VS State Of U. P. - 2019 0 Supreme(All) 1164, Ram Singh VS State of U. P. - 2019 0 Supreme(All) 1785, Irfan VS State of U. P. - 2019 0 Supreme(All) 1765: These entries relate to the application of Section 482 Cr.P.C. and Section 319 Cr.P.C., treated as distinct legal doctrines ("The main legal point established..."). While these mention the need to consider *Dayamathi Bai* in the context of procedurally establishing a *prima facie* case, they are categorized contextually as distinct legal standards for summoning accused or quashing proceedings.

None. The provided text is heavily skewed toward the repeated citation of *Dayamathi Bai vs. K. M. Shaffi* as a foundational procedural precedent. The citations regarding Cr.P.C. matters (e.g., Sanjay Verma VS State of U. P. - 2019 0 Supreme(All) 1776) cite *Dayamathi Bai* as a supporting principle for the necessity of a *prima facie* case, rather than questioning its validity. The relationship between all cases cited is consistently one of reliance and affirmation.

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