AI Overview...
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Document Exhibited vs. Not Exhibited - Documents that are not formally exhibited or marked as exhibits cannot be considered part of the record or evidence. For example, Court records or private documents filed but not exhibited are not automatically regarded as public or evidentiary unless properly marked and admitted. Rajesh Varma VS Aminex Holdings & Investments - Bombay, Praveen Malpani VS Vijay Electricals, A Registered Firm - Madhya Pradesh, New Era Fabrics Ltd. VS Bhanumati Keshrichand Jhaveri - Bombay
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Annexures and Annexed Documents - Annexures attached to pleadings or documents (such as plaints or judgments) need to be properly exhibited to be considered evidence. Courts may refuse to admit annexed documents if they are not exhibited, even if they are part of the record. The distinction between annexures and exhibits is crucial for evidentiary value. Bank of India VS B. C. Mody Exports P. Ltd. - Bombay, New Era Fabrics Ltd. VS Bhanumati Keshrichand Jhaveri - Bombay
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Negotiable Instruments and Annexures - In cases involving negotiable instruments, documents such as cheques or bills of exchange must be properly exhibited to be relied upon in court proceedings. Unexhibited documents, even if annexed, may not be admissible or may be disregarded. Rajesh Varma VS Aminex Holdings & Investments - Bombay, Manoj Kumar Singh VS State of Jharkhand - Jharkhand
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Court Records and Public Documents - Court records or filings are not automatically public documents unless exhibited or officially recorded as such. Private documents can be proved without originals if they are considered public documents, but only if they are properly exhibited. Praveen Malpani VS Vijay Electricals, A Registered Firm - Madhya Pradesh
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Effect of Non-Exhibited Documents in Criminal and Civil Proceedings - Non-exhibited documents or evidence, even if filed or annexed, cannot be considered in judgments or proceedings. Proper exhibition ensures the authenticity and admissibility of documents, especially in cases involving negotiable instruments or pleadings. Rev. Mother Marykutty VS Reni C. Kottaram - Supreme Court, Balasaheb Barku Kolhe VS Jagdish Tryambakrao Mandlik - Bombay
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Errors in Court Records Regarding Exhibited Documents - Courts may sometimes erroneously refer to documents as not exhibited when they were, which can affect the admissibility of evidence. Such errors are subject to correction and do not necessarily invalidate proceedings if the documents were indeed exhibited. New Era Fabrics Ltd. VS Bhanumati Keshrichand Jhaveri - Bombay
Analysis and Conclusion:
In legal practice, any document intended as evidence, including annexures or attachments, must be properly exhibited and marked as an exhibit to be admissible and considered by the court. Documents merely attached or filed without proper exhibition do not form part of the evidentiary record and cannot be relied upon in judgments or proceedings, including those involving negotiable instruments. Courts are also cautious about errors regarding the status of documents, but these do not undermine the admissibility if proper procedures are followed. Therefore, any document not exhibited cannot be considered as part of the evidence or record in a case involving negotiable instruments or other legal proceedings.
Search Results for "Any Document as Annexure and Not Exhibited be Refer in Negotiable Instrument"
2008 0 Supreme(Bom) 19 • India - Bombay
A.M.KHANWILKAR
Evidence Act, 1872 - Section 61-Exhibiting of document-Exhibited document alongwith its enclosures not marked as collectively-Enclosures ... No. 765/S/1999, cannot be looked into as it is not taken on record and separately exhibited. ... This document has been admitted by the defendants. ... As it is purely a Bill of Exchange as is the case of the Plaintiff, it is a negotiable instrument in terms of the N.I.Act which transaction,....
2022 0 Supreme(MP) 1379 • India - Madhya Pradesh
SANJAY DWIVEDI
filed in the Court do not automatically become public documents unless exhibited or are acts of the Court. ... filed in the Court do not automatically become public documents unless exhibited or are acts of the Court. ... copies of private documents can be considered public documents and proved without the originals. ... As per the submission made by learned counsel for the petitioner and on perusal of record, it is clear that in a complaint made und....
2006 0 Supreme(Bom) 1078 • India - Bombay
S.J.VAZIFDAR
The plaint in Suit No. 1866 of 1980 filed by the defendants in this Court together with the annexures thereto was Exhibited as Exhibit ... The intrinsic evidence in fact indicates that not only was the document not signed in blank but that the defendants affirmed and ... The mere fact that certain other goods were also mentioned would not establish that the document was executed in blank. ... (a) The plaint in Suit No. 1866 of 1980 filed by the defendants in this Cour....
2001 0 Supreme(P&H) 1017 • India - Punjab and Haryana
K.S.KUMARAN
Therefore, in my view, the complaint has to fail and to be quashed on that account. . . function keypress (){document. selection. empty ()} function keydown (){document. selection. empty ()} function keyup (){document. selection. empty ()} function Mouseup (){document. selection. empty ()} function Mousedown ... (){document. selection. empty ()} ... 51. ... Exhibited cheques were not part of the complaint. ... 10. There is no allegation in the complaint that the che....
2018 0 Supreme(Jhk) 72 • India - Jharkhand
RATNAKER BHENGRA
Code of Criminal Procedure, 1973 – Sections 325, 327, 29 – Negotiable Instrument Act, 1881 – Sections 138 ... the petitioner under Section 138 of the Negotiable Instrument Act, 1881, and sentenced him to one year simple imprisonment and pay ... in retrospect and while bearing in mind that the conditions of Section 138 of the Negotiable Instrument Act, 1881, are fulfilled, ... 138 of the Negotiable of Instrument Act, 1881, stands demolished. ... The #....
2012 0 Supreme(SC) 725 • India - Supreme Court
B.S.CHAUHAN, FAKKIR MOHAMED IBRAHIM KALIFULLA
instrument case on hand Court find that judgment of trial Court in having drawn conclusions to the effect that the appellant sufficiently ... accused is aggrieved by judgment passed in Criminal Appeal High Court respondent herein preferred complaint against appellant Section Negotiable ... will be obliged to prove it matter and upon its failure to prove would disentitle him to the grant of relief on the basis of the negotiable ... instrument. ... The learned Senior Counsel by referring to Annexure R-3 a....
2017 0 Supreme(Bom) 2063 • India - Bombay
R.M.SAVANT
That the orders passed by the Courts below suffer from errors which are apparent on the face of the record inasmuch as they refer to some of the documents as being not exhibited when in fact they were exhibited.. ... G. ... ... In my view, no fault can be found with the Courts below in refusing to read the said documents in evidence though they were annexures to the documents which were exhibited. ... were exhibited#HL_EN....
2025 2 Supreme 181 • India - Supreme Court
J. B. PARDIWALA, R. MAHADEVAN
3 of Stamp Act, 1899 – Compromise decree does not fall under instruments mentioned in Schedule and it only asserts pre-existing ... with Section 3 – Levy of stamp duty – Registration of land acquired through consent decree passed in civil suit – Registration of document ... payment of stamp duty – Since appellant has only asserted pre-existing right and no new right was created through consent decree, document ... accepted or paid, or presented for acceptance or payment, or endorsed, transferred or otherwise ne....
2023 0 Supreme(Ker) 16 • India - Kerala
A. BADHARUDEEN
argued that dismissal of Annexure-A3 petition filed by petitioner by Annexure-A4 order is not justifiable - Annexure-A4 order is ... Code of Criminal Procedure, 1973 - Section 482 - Complaint - Prayer to quash Annexure A4 order - Petitioner ... liable to be quashed and in consequence thereof Annexure-Al complaint and further proceedings initiated against petitioner in S.T.No ... The learned counsel for the petitioner argued that the dismissal of Annexure-A3 petition f....
2014 0 Supreme(Bom) 2237 • India - Bombay
A.M.THIPSAY
The principle that defence evidene (which is not irrelevant or inadmissible) can be prevented from being adduced only if the Court ... Where accused was entitled to adduce evidence in defence therefore denying him an opportunity to establish his case by sending documents ... The accused had tendered five documents (termed as 'debit vouchers') in his evidence which were marked, and exhibited as 'Exhibits-35, 36, 37, 38 and 39'. ... himself, and that therefore, there was no 'just and proper reason to refer#HL_END....
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