Marking Documents Without Examining Parties: Essential Legal Guide

2022 Supreme(Online)(Ker) 71974

In the said decision, in paragraph No.7, a Division Bench of this Court held that when documents are marked as exhibits without objection of a particular party, that party cannot raise the objection that the said document has not been admitted in evidence. 11. ... In the said case, the Apex Court considered Exts.B1 to B8 in the above case got marked as secondary evidence. The above ratio....

2024 Supreme(SRI)(SC) 12743

It is possible that parties to civil actions may seek to exploit this proposition of law to delay proceedings by requiring the other party to prove documents without a justifiable basis. ... The invoices were allowed to be marked without being subject to proof as they were documents prepared by the Appellant. The purchase orders were allowed to be marked#HL_E....

Caldera,3 Gooneratne J., then in the Court of Appeal, recognised the existence of this practice when he stated "In the instant case the defendant-appellant's documents D1 to 010 were not only marked but also led in evidence without any objection from the opposing party. ... The trial judge has proceeded to deliver her judgment without taking any steps to obtain those documents and #H....

2025 Supreme(SRI)(SC) 9995

Simultaneously, the party must serve copies of the list and documents on all other parties and provide proof of service thereof. ... A party proposing to tender documents in electronic form shall, not less than thirty days before the date first fixed for the pre-trial conference, file in Court, with copies served on the opposing party or parties, a list of such #HL_STAR....

2023 0 Supreme(Cal) 1587

It has been held that it is open to the court to accept the certified copy as reliable evidence without examining parties to the documents. This does not however preclude the court from rejecting the transaction itself as being malafide or sham provided such a challenge is laid before the court. ... Out of those documents three documents namely the certified copies of the deed of conveya....

2024 0 Supreme(Kar) 142

In a case where the original documents are not produced at any time, nor has any factual foundation been laid for giving secondary evidence, it is not permissible for the court to allow a party to adduce secondary evidence. ... The provisions of Section 65 of the 1872 Act provide for permitting the parties to adduce secondary evidence. However, such a course is subject to a large number of limitations. ... He submits that even insufficientl....

High Court Malaya Kuala Lumpur

The Court held that parties during pre-trial case management may agree to the authenticity of documents while disputing their contents or weight but if a party insists that a document be classified as disputed in both authenticity and contents (Part C Document), that insistence may ... As part of the evidence, medical reports of the plaintiff were included in an agreed bundle of documents marked as exhibi....

Now, what the section requires is that the agreement itself should be in writing; proof that in documents the parties have described themselves as partners may corroborate the original agreement, but such documents cannot be regarded as substitutes for the agreement in writing. Mr. ... : and, if a memorandum in writing be afterwards made, embodying that contract, and be signed by one of the parties or his agent, he bein....

Federal Court Putrajaya

Courts of Judicature Act 1964 ("the CJA") concern an important area of the law of evidence and procedure. ... [11] It was agreed by both parties that the two vouchers were Part C documents, which means both the authenticity and contents of the documents were disputed and required

2025 Supreme(Online)(Kar) 23810

***The circumstances under which the application is being filed and circumstances under which the document came to be marked, clearly show that the document was marked without application of the mind of the court and without objection of the other side and this Court is of the view that the admissibility ... Following the declaration of law referred to above, I am of the opinion that, though the Joint Development Agreement....

2022 0 Supreme(Mad) 3506

There is no necessity to record their statements under Section 161 (3) Cr.P.C. This document is to help the Court to come to a just decision and an opportunity for the petitioner to cross-examine the witnesses is available. Only to establish the motive between the parties, these documents are necessary to be marked. The documents are filed before the commencement of the trial.

2019 0 Supreme(Bom) 355

Sr. No. Issues Findings 1. Whether the Respondent proves that the Election Petition is liable to be dismissed on account that Exhibit “B” to the Petition as filed is illegible? Various parties were examined and documents were marked. These issues are set out below with my answers against each.

2018 0 Supreme(Kar) 356

The documents produced by the parties were marked too. (b) The Sole Arbitrator in the first sitting on 31.01.2018, fixed a Time Table for the conduct and conclusion of the proceedings. On the next date of hearing, which was held on 21.02.2018, the Arbitrator put the parties to the notice that they would not be permitted to produce any further document. The relevant part of the order sheet as drawn by the Sole Arbitrator on 21.02.2018 reads as under: “9.

2018 0 Supreme(Kar) 1226

(b) The Sole Arbitrator in the first sitting on 31.01.2018, fixed a Time Table for the conduct and conclusion of the proceedings. The documents produced by the parties were marked too. On the next date of hearing, which was held on 21.02.2018, the Arbitrator put the parties to the notice that they would not be permitted to produce any further document. The relevant part of the order sheet as drawn by the Sole Arbitrator on 21.02.2018 reads as under: “9.

2018 0 Supreme(Mad) 581

Documents have been marked and parties were examined. 3. After exchange of pleadings, the Tribunal, which was constituted by three eminent personalities, framed 16 issues and dealt with them in extenso. “For all the reasons stated above, the claimants are entitled to for and towards the first 6 invoices the sum of Rs.375418344/- as claimed and also as admitted by the respondents in the inter office memos as well as in the tabular statements filed along with the statement of c....