AI Overview...
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Admissibility of Secondary Evidence - Certified copies of sale deeds and registered documents are generally admissible as secondary evidence under the Indian Evidence Act, provided the primary document (original deed) is proved or its absence is justified. For instance, certified copies are accepted when original documents are unavailable or proved to be lost/destroyed Partha Sarathi Chakraborty VS Gopal Nanda Goswami - Gauhati, G. CHIKKAPAPANNA VS KENCHAMMA - Karnataka.
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Procedural Compliance for Adducing Evidence - Proper procedures, such as complying with Sections 61, 65, and 74 of the Evidence Act, are essential before adducing secondary evidence. Failure to follow these procedures can render evidence inadmissible. The court emphasizes that evidence must be properly proved and relevant to facilitate just decisions Partha Sarathi Chakraborty VS Gopal Nanda Goswami - Gauhati, Gharonda Properties (India) Private Limited vs Anil Kumar Agrawal, son of Late Prabhu Dayal Agrawal - Jharkhand.
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Amendment of Pleadings after Evidence - Parties may seek to amend pleadings after evidence has been led, but such amendments require a reasonable opportunity to present additional evidence. Courts highlight the importance of a fair process, and amendments should be substantiated with evidence if contested RAM VISHAL ALIAS VISHALI KACHHAWAHA VS DWARKA PRASAD JALSWAL - Madhya Pradesh.
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Admissibility of Documentary Evidence in Court - Documents such as account books, notices, or reports can be admitted if they meet statutory requirements and procedural norms. Xerox copies or reports of commissioners are admissible if they are properly identified and relevant, even if the commissioner is not examined as a witness, provided the rules of evidence are satisfied Arindam Ghosh, S/o Lt. Arabinda Ghosh VS Abhijit Debnath, S/o Sri Ashwini Kumar Debnath - Tripura, Abdul Gani Mia @ Abdul Wahed VS Abdul Gani Mia - Gauhati.
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Evidence of Witnesses and Service of Notices - Statements of witnesses, including family members like husbands, are admissible to prove facts such as service of notices under Section 120 of the Evidence Act. The court considers such evidence sufficient unless rebutted MUNNI DEVI VS SONA DEVI - Allahabad.
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Legal Position and Court’s Discretion - Courts are guided by established legal principles and must appreciate admissible evidence properly. They cannot act on inadmissible evidence or overlook relevant admissible evidence, ensuring that decisions are based on a sound evidentiary foundation Kondal Rao Gajawada VS A. Damodar Reddy - Telangana.
Analysis and Conclusion:
The sources collectively emphasize that the admissibility of evidence after adducing it depends heavily on compliance with procedural requirements, proper proof, and relevance. Secondary evidence like certified copies is admissible if original documents are unavailable or proved to be lost, but the foundation of such evidence must be established. Amendments to pleadings after evidence are permissible if they do not prejudice the other party and are supported by additional evidence. Courts uphold the principle that evidence must be properly identified, relevant, and legally obtained to ensure just decisions. Proper adherence to statutory provisions and procedural norms is critical for the admissibility of all types of evidence in civil proceedings.
Search Results for "Amedment of Pleading after Adducing Evidence Whether such Evidence Admissible"
2018 0 Supreme(Gau) 5 • India - Gauhati
MIR ALFAZ ALI
until the procedure for adducing the secondary evidence under Section 65 of Evidence Act was complied. ... Indian Evidence Act, 1872 – Section 61, 65 and 74 – Seeking to Adduce – Evidence – Suit – Present second ... with other land to youngest son of Prakriti Rani Chakraborty – Held, Plaintiffs having established their title over suit land by adducing ... It is settled position of law that certified copy of sale deed is admissible in evidence as seco....
1998 0 Supreme(Kar) 337 • India - Karnataka
H.N.TILHARI
can not be produced secondary evidence is held admissible. ... copy of registered deed is admissible in evidence-settlement deed executed by individual and registered under the provisions of ... Registration Act can not be held as public document-however, execution of such deed has to be proved by adducing the original deed ... other kind of secondary evidence is admissible. ... P-l i. e. , deed of settlement but it is neither in pleading nor in #HL....
2019 0 Supreme(Tri) 10 • India - Tripura
ARINDAM LODH
Issues: The main issue was whether the reversal judgment suffered from non-appreciation/misappropriation of the evidence in ... Ratio Decidendi: The Court found that the plaintiff had proved the debt of Rs. 43,250 owed by the defendant through documentary evidence ... Further findings and decisions are that though the Xerox copies of the account books were marked as Exbt.1 being compared with the copy of the original account books at the stage of adducing evidence of the plaintiff, but, that would not ....
2021 0 Supreme(AP) 855 • India - Andhra Pradesh
M.VENKATA RAMANA
Civil Procedure code, 1908 - Section 96, 11, 105, Order VI Rule 17 - Transfer of Property Act, 1882 - Section 8, 54 - Evidence ... are proper – Held, Section 40 of Evidence Act even without using term Respondent-judicata refers to consequences of res-judicata ... The legal position, therefore, is clear that the plaintiff in a suit for declaration of title and possession could succeed only on the strength of its own title and that could be done only by adducing sufficient evidence to discharge the onus on it, irrespective....
2014 0 Supreme(All) 1437 • India - Allahabad
PANKAJ MITHAL
Evidence Act, 1872—Section 120—Service of notice—Deposition of husband—Held, the evidence of the husband of the petitioner so as ... to prove the notice and its service upon the respondent No. 1 admissible under Section 120 of the Act—The Court below manifestly ... erred in law in brushing it aside—No evidence was adduced to deny the service of notice—Hence, the impugned order liable to be quashed ... The above statements of the PW1 the husband of the petitioner is also sufficient to prove the notice and its service but ....
2020 0 Supreme(Telangana) 128 • India - Telangana
SHAMEEM AKTHER
of plaintiff was unshaken and both Courts below, on appreciation of evidence on record, recorded a concurrent finding of fact that ... law cannot be any dispute with regard to the legal position decided by Honble Apex Court in aforementioned decisions instant case evidence ... The lower appellate Court has neither overlooked the admissible evidence nor acted upon inadmissible evidence. ... A party has to take proper pleadings and prove the same by adducing sufficient ....
2005 0 Supreme(MP) 1212 • India - Madhya Pradesh
K.K.LAHOTI
After closure of evidence, both parties filed applications for amendment of pleadings. ... to lead evidence to substantiate its contention. ... The Court also highlighted the need for a reasonable opportunity to lead evidence in such cases. ... If the pleadings are amended and the other party has denied the avermens of amended pleading, naturally the other party has to substantiate its contention by adducing evidence. ... The learne....
2017 0 Supreme(P&H) 2415 • India - Punjab and Haryana
DAYA CHAUDHARY
Patwari, and whether the documents sought to be adduced were necessary for a just decision of the case. ... Finding of the Court: The court found that the documents sought to be adduced by the petitioners were per se admissible ... Issues: The main issue was the dismissal of the petitioners' application for leading additional evidence and summoning the ... It is also necessary to be considered whether such evidence would facilitate the Court in arriving at just decision. The only re....
1989 0 Supreme(Gau) 73 • India - Gauhati
S.N.PHUKAN
Whether the report of the Commissioner is admissible as evidence without the Commissioner being examined as a witness? 2. ... CAN BE CONSIDERED AS EVIDENCE IRRESPECTIVE OF THE FACT WHETHER COMMISSIONER IS EXAMINED AS WITNESS OR NOT. ... Sub-rule (I) of Rule 10, inter alia, provides that the report of the Commissioner and evidence taken by him shall be evidence in ... Bhubon Singh has also urged that in a suit for ejectment plaintiff must succeed on the strength of his....
2025 0 Supreme(Jhk) 513 • India - IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
... ... Issues: The main issues included whether the compact disks were admissible as evidence where proper procedures were not followed ... evidence requires compliance with statutory provisions and proper pleading. ... , and whether the lower court engaged in proper legal analysis. ... recorded properly identified; provided also that the evidence is relevant and otherwise admissible, we are satisfied that a tape recording is admissible#H....
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