AI Overview...
Admissibility of Annexure as Evidence in Civil Court
Main Points and Insights
-
Annexures as Part of Official Records
Annexures are often exhibited as part of official records or documents, such as election papers or statutory filings. Their admissibility depends on whether they are properly authenticated and whether they qualify as public or private documents. For instance, in election petitions, annexures (documents marked as annexures) are crucial evidence and are generally admitted if they are part of the official record (Markio Tado VS Takam Sorang - Gauhati). -
Relevance of Registration and Stamping
The admissibility of documents like agreements or partition deeds depends on registration and stamping requirements. Unregistered or unstamped documents may be inadmissible unless exceptions apply. Courts have held that the trial court must properly address these aspects before admitting such annexures (Hema Ram VS Guman Singh - Rajasthan, Amritabai VS Gajraj Singh - Madhya Pradesh). -
Secondary Evidence and Leading Evidence
When original documents are unavailable, secondary evidence (including annexures) can be admitted under the Indian Evidence Act, provided it meets certain criteria. The court emphasizes that the probative value and the manner of tendering such evidence are critical. Once accepted without objection, annexures tend to be considered admissible (M/s Active Promoters Pvt. Ltd. VS Assotech Realty Private Limited - Punjab and Haryana, Rajesh Yadav VS Balbir Singh - Punjab and Haryana). -
Objection to Admissibility
Objections based on the nature of annexures (e.g., unregistered, unstamped, or not properly proved) can be raised at the time of tendering. However, if not raised timely, courts may admit the annexures, especially if they are part of official records or public documents (Hema Ram VS Guman Singh - Rajasthan, Baijayanti Nanda VS Jagannath Mahaprabhu Marfat Adhikari Mahanta Bansidhar Das Goswami - Orissa). -
Judicial Discretion and Proper Addressing of Evidence
Courts are tasked with examining the admissibility of annexures, considering registration, stamping, and authenticity. They may reject annexures if they do not meet legal requirements, as seen in cases involving partition deeds or agreements (Amritabai VS Gajraj Singh - Madhya Pradesh, Srinivasa VS Huchappa - Karnataka).
Analysis and Conclusion
Annexures can be admitted as evidence in civil courts if they are properly authenticated, relevant, and comply with legal requirements such as registration and stamping. Documents that are part of official records or public documents are generally admissible, provided they are tendered correctly and objections are raised timely. Courts have the discretion to examine the admissibility based on the nature of the document, its origin, and the circumstances of tendering. Proper proof, including certification and compliance with statutory provisions, is essential for annexures to be accepted as evidence in civil proceedings.
References:
- Markio Tado VS Takam Sorang - Gauhati, Hema Ram VS Guman Singh - Rajasthan, M/s Active Promoters Pvt. Ltd. VS Assotech Realty Private Limited - Punjab and Haryana, Rajesh Yadav VS Balbir Singh - Punjab and Haryana, Amritabai VS Gajraj Singh - Madhya Pradesh, Srinivasa VS Huchappa - Karnataka, Baijayanti Nanda VS Jagannath Mahaprabhu Marfat Adhikari Mahanta Bansidhar Das Goswami - Orissa
Search Results for "Admissibility of Annexure as Evidence in Civil Court"
2017 0 Supreme(P&H) 2535 • India - Punjab and Haryana
LISA GILL
Procedure, 1908, Code of Criminal Procedure, 1973 - Section 125 Cr.P.C., Order 23 CPC, Order 18 Rule 17 CPC, Section 138 Indian Evidence ... The court also clarified the power of the trial court to recall a witness for re-examination and held that there was no necessity ... Finding of the Court: The court found that the second petition under Section 125 Cr.P.C. was not necessarily barred ... Basheer and others, Civil Appeal No.4226 of 2012 decided on 18.09.2014 which deals with the #....
2010 0 Supreme(Gau) 719 • India - Gauhati
P.K.MUSAHARY
, amongst which, annexure- has been exhibited at paper exhibit Paper exhibit is a part of official records and both paper exhibit ... and for rejection of election petition without wasting public time - Election petition mainly depends on ten documents marked as Annexure ... Representation of the People Act, 1951 - Sections 81, 83 and 117 - Code of Civil Procedure,1908 - Order VI, Rule 2- Abuse of process of court ... But the applicant-elected candidate has filed this application, without availing the aforesaid chance, questioning the #HL....
2020 0 Supreme(Raj) 700 • India - Rajasthan
PUSHPENDRA SINGH BHATI
Stamp - Evidence - Rajasthan Stamp Act, 1998 - Sections 39, 40 - The court emphasized that unregistered and unstamped documents ... Fact of the Case: The petitioners challenged the admissibility of an unregistered and unstamped agreement in a civil ... Finding of the Court: The court found that the trial court had not properly addressed the admissibility of the document ... (C) That the agreement dated 20.08.1997 (Annexure-1) m....
2017 0 Supreme(P&H) 625 • India - Punjab and Haryana
RAMESHWAR SINGH MALIK
... (B) Evidence Act, 1872 S.85--Admissibility of Document--Special ... party cannot subsequently raise the objection, with regard to admissibility of such a document in evidence, on the ground of insufficiency ... --Once a document has been tendered in evidence and accepted by the court without objection by the opposite party, said opposite ... He also argued that the objection was raised on behalf of the petitioner on 20.7.2009 itself, when the said document was sought to be tendered....
2013 0 Supreme(Kar) 714 • India - Karnataka
H.BILLAPPA
Question as to validity, admissibility of document in evidence, requirement of registration etc. can be considered at the time of ... Question as to validity, admissibility of document in evidence, requirement of registration etc. can be considered at the time of ... INDIAN EVIDENCE ACT, 1872 - Section 64: [H. ... In this writ petition under Articles 226 and 227 of the Constitution of India, the petitioner has called in question, the order dated 4-1-2013, passed by the Principal Civil ....
2018 3 Supreme 546 • India - Supreme Court
N.V.RAMANA, S.ABDUL NAZEER
or inadmissible evidence or is perverse. ... Indian Evidence Act, 1872 – Sections 6, 7 and a href=act:408 ... nbsp;Administration of justice – Concurrent findings of courts below – Cannot be reopened –Unless based on no evidence ... Although we can trace the admissibility of the dying declaration under Sections 6, 7 and 32 of Indian Evidence Act that the rule of admissibility of dying declaration can be traced to King v. ... It has been emphasized number of times that dying declaration....
2014 0 Supreme(P&H) 341 • India - Punjab and Haryana
BHARAT BHUSHAN PARSOON
... (A) Evidence Act, 1872, S.65--Secondary Evidence--Admissibility ... Secondary Evidence--Leading of evidence cannot be denied merely because its probative value would not be of high order. ... and Probative value of evidence are different from each other and require separate and distinct handling--Leading of evidence cannot ... .:- The petitioners have invoked supervisory jurisdiction of this court under Article 227 of the Constitution of India fo....
2019 0 Supreme(MP) 250 • India - Madhya Pradesh
VIVEK RUSIA
Held: The so-called partition deed dated 1.4.2004 is filed along with this petition as Annexure P-2. ... Therefore, learned trial Court has rightly held that prima facie, it is not a partition deed but a memorandum of partition because ... The petitioner/plaintiff has filed the present petition being aggrieved by order dated 16.6.2014 whereby learned trial Court has rejected the application filed by him in respect of admissibility of partition deed dated 1.4.2004 into evidence for want of registration ....
2024 0 Supreme(Raj) 1370 • India - Rajasthan
NUPUR BHATI
regarding admissibility of evidence and valuation of the suit - The petitioner contended that the learned Trial Court erred in allowing ... Trial Court's orders regarding the admissibility of evidence and valuation of the suit. ... regarding the admissibility of evidence and the valuation of the suit concerning property known as Godhdo ki Bagechi. ... Copy of said application dated 08-10-2024 and order dated 8-10-2024 to the extent of admissibility o....
2014 0 Supreme(Ori) 76 • India - Orissa
B.R.SARANGI
or by secondary evidence as provided in the Evidence Act - Held, plaint in C.S. ... EVIDENCE ACT, 1872 - Sec. 74 - Exhibiting plaint in C.S.No. 80 of 2006 as a public document - Whether plaint is a public document ... allegation; but it cannot be admissible to prove the correctness of a statement contained therein unless it is proved by direct evidence ... Learned Court below after hearing the parties allowed the petitions vide Annexure-1 series and admitted the plaint into e....
Filter by Legal Phrase
