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Checking relevance for Nandkishore Lalbhai Mehta VS New Era Fabrics Pvt. Ltd. ...
Nandkishore Lalbhai Mehta VS New Era Fabrics Pvt. Ltd. - 2015 0 Supreme(SC) 688 : If a certified copy of a document is filed in a suit and marked as ''''subject to objection'''' of proof and admissibility, and the original document is in the custody of the original custodian, the party filing the document must either produce the original or a certified copy that complies with statutory requirements. Mere marking of a photocopy as an exhibit, even with identification of the executor’s signature by a witness, does not prove the contents of the document. The trial court should not have marked the photocopies as exhibits if the objection to admissibility was raised. If the document is not admitted in evidence, the party cannot rely on it. The court may allow the party to produce the original or certified copy as additional evidence, but only if the procedure is followed properly and the opposing party is given an opportunity to rebut. Failure to object at the appropriate time may result in waiver of the objection, but if the objection is valid and raised, the court must decide on admissibility before endorsement. In such cases, the party may be required to produce the original or certified copy to establish proof.Checking relevance for Dayamathi Bai VS K. M. Shaffi...
Dayamathi Bai VS K. M. Shaffi - 2004 5 Supreme 752 : When a certified copy of a document is filed in a suit and marked as an exhibit subject to objection, but the original document is in the custody of the original custodian, the objection to the mode of proof (such as use of a certified copy without proving the circumstances entitling secondary evidence) must be raised at the trial stage, before the document is marked as an exhibit and admitted to the record. If no objection is raised at that time, the objection is deemed waived, and the certified copy can be treated as admissible. This is because objections to the mode of proof fall under procedural law and are not maintainable after the document has been admitted without objection. The party seeking to challenge the mode of proof must act promptly at the time of admission to allow the opposing party an opportunity to cure the defect (e.g., by producing the original). Failure to object at the trial stage bars the objection from being raised later, even in appellate courts.Checking relevance for Shalimar Chemical Works Ltd. VS Surendra Oil & Dal Mills (Refineries)...
Shalimar Chemical Works Ltd. VS Surendra Oil & Dal Mills (Refineries) - 2010 0 Supreme(SC) 783 : If a third party files a certified copy of a document in a suit and it is marked as ''''subject to objection'''' (regarding proof and admissibility), and the original document is in the custody of the original custodian, the party filing the certified copy may apply under Order 41, Rule 27 of the Civil Procedure Code, 1908, to produce the original document as additional evidence. The appellate court may allow such production if it finds that the original was not produced during trial due to procedural irregularities (e.g., the trial court improperly marked the copy as an exhibit without ruling on admissibility), and that admitting the original is necessary for justice. The court may consider ''''any other substantial reason'''' under Rule 27(1)(b) if the failure to produce the original caused prejudice, especially when the trial court''''s conduct misled the party into believing the copy was admissible. The original document should be produced in the appellate stage if the party exercised due diligence and the trial court''''s error prevented proper presentation of evidence.Checking relevance for Hindustan Construction Company LTD. VS Union Of India...
Checking relevance for Badat And Company, Bombay VS East India Trading Company...
Checking relevance for R. V. E. Venkatachala Gounder VS Arulmigu Viswesaraswami & V. P. Temple...
Checking relevance for Lachhmi Narain Singh (D) Through LRs VS Sarjug Singh (Dead) Through LRs. ...
Lachhmi Narain Singh (D) Through LRs VS Sarjug Singh (Dead) Through LRs. - 2021 5 Supreme 626 : If a certified copy of a document is filed in a suit and marked as subject to objection, but the opposing party does not raise any objection to its admissibility or mode of proof at the trial court stage, the objection cannot be raised for the first time during appellate proceedings. The law requires that objections to the admissibility or mode of proof of a registered document must be raised at the earliest stage—when the document is tendered and before it is marked as an exhibit. Failure to object at that time constitutes a waiver, and the appellate court cannot allow such objection to be raised later, as it would prejudice the party who produced the certified copy and violate the rule of fair play. In such cases, the certified copy, if admitted without objection, should be accepted as genuine, especially when supported by expert evidence and unchallenged testimony. The original custodian''''s possession of the original document does not override the procedural rule that non-objection at trial bars later challenge on mode of proof.Checking relevance for Dharmil A. Bodani of Mumbai VS Manju Meadows Pvt. Ltd. ...
Dharmil A. Bodani of Mumbai VS Manju Meadows Pvt. Ltd. - 2024 0 Supreme(Bom) 520 : When a third party files a certified copy of a document in a suit and it is marked as subject to objection, and the document is in the custody of the original custodian, the party relying on the document must ensure that the original is available for production when called upon by the court. According to the judgment in Hemendra Rasiklal Ghia (Full Bench), if a document is marked in evidence without a timely objection, the opposing party cannot later raise objections about the non-production of original documents. However, if an objection is raised at the appropriate time, the court may mark the document tentatively as an exhibit subject to the objection, and decide its admissibility at the final stage. The court may exclude the document from consideration if the objection is sustained. This procedure applies to all objections except those related to deficiency of stamp duty, which must be decided before proceeding further. Therefore, the correct course is to mark the certified copy as subject to objection, proceed with the trial, and allow the court to decide admissibility at the final stage based on the objection raised.
