AI Overview...
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Document Filed but Not Testify - A document's contents cannot be considered in evidence unless the person who executed or has personal knowledge of its contents testifies or proves its correctness. Merely filing a document without testimony or proper proof renders it inadmissible. Bank of India VS Allibhoy Mohammed - Bombay, Nilima Das Gupta (Deceased) Through Its Lrs. VS On The Death of Abdur Rouf His Legal Heirs - Supreme Court, N. Kamalam VS Ayyasamy - Supreme Court, Shrichand Girdharilal Batra alias Shrichand Girdharilal Punjabi and others VS Life Insurance Corporation of India - Bombay
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Person with Knowledge Must Testify - For a document or statement to be admissible, the individual with direct knowledge or who executed the document must testify. Evidence from interested or unqualified witnesses, especially without proper proof, cannot be accepted. Bank of India VS Allibhoy Mohammed - Bombay, N. Kamalam VS Ayyasamy - Supreme Court, Shrichand Girdharilal Batra alias Shrichand Girdharilal Punjabi and others VS Life Insurance Corporation of India - Bombay
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Testimony Limitations - A person who files a document but does not testify or cannot substantiate its contents cannot have it taken into consideration in legal proceedings. This applies to affidavits, declarations, or any documentary evidence lacking proper witness testimony. Bank of India VS Allibhoy Mohammed - Bombay, Jivan Tulsiram Dhavali VS State of Maharashtra - Bombay, Shrichand Girdharilal Batra alias Shrichand Girdharilal Punjabi and others VS Life Insurance Corporation of India - Bombay
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Evidence of Signatures and Signatory Authority - If a person signs a document as an agent or scribe, their role and authority must be established. Signatures alone do not suffice; the person’s capacity to bind or represent the concerned party must be proven for the document to be admissible. BHIMAPPA VS ALLISAB - Karnataka, N. Kamalam VS Ayyasamy - Supreme Court, K. MALLIKARJUNA VARA PRASAD VS K. POORNACHANDER RAO - Andhra Pradesh
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Inadmissibility of Unproved Documents - Documents not properly proved or lacking proper authentication cannot be considered in court. For instance, a copy or record without proper proof or certification is inadmissible. Shrichand Girdharilal Batra alias Shrichand Girdharilal Punjabi and others VS Life Insurance Corporation of India - Bombay, Bank of India VS Allibhoy Mohammed - Bombay
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Witness Credibility and Interest - Witnesses who are interested or have a vested interest, or who have not personally observed facts, are generally disqualified from testifying, especially if their testimony is hearsay or unsubstantiated. Jivan Tulsiram Dhavali VS State of Maharashtra - Bombay
Analysis and Conclusion: A document filed but not accompanied by the testimony of the person who executed it or who has direct knowledge cannot be taken into consideration in legal proceedings. Proper authentication and witness testimony are essential for documentary evidence to be admissible. Filing a document alone, without supporting testimony or proof, renders it inadmissible and ineffective for establishing facts or framing charges. This principle ensures the integrity and reliability of evidence presented in court.
Search Results for "Document Filed but Not Testify by Concerned Person it Cannot be Taken into Consideration"
2008 0 Supreme(Bom) 127 • India - Bombay
V.C.DAGA
A person who proposes to testify the contents of a document, either by copy or otherwise, must have read it. ... So where the correctness of the contents of a document is in issue, it should be proved by calling the person who executed the document ... So where the correctness of the contents of a document is in issue, it should be proved by calling the person who executed the document ... Person with knowledge mus....
• India - Madras
ELIPE DHARMA RAO, M.VENUGOPAL
would not be taken as bias or mala fide on the part of such person. ... A different person has been appointed as the Enquiry Officer. ... was a result of malafide or without jurisdiction, writ petition could be filed to challenge the same-Since the petitioner did not ... The bias in this case cannot be said to be unreal, it is very much real and substantial and the respondent was not likely to get a fair deal by such disciplinary committee.” ... “A #....
2015 0 Supreme(Mad) 1045 • India - Madras
R.S.RAMANATHAN
cannot be taken into consideration for framing charge cannot be accepted - Further it cannot be stated that statement of those witnesses ... be taken into consideration as they have not spoken about their acquaintance with signature of petitioner and therefore evidence ... entitling a non-expert evidence to testify under Section 47 is broadly similar - What emerges is that it may not be necessary for ... , the evid....
2006 0 Supreme(Kar) 191 • India - Karnataka
N.KUMAR
If the agent signed the deed in his name albeit as agent, he was the person who was regarded as party to the document and not the ... Kumar, J.]: The proposition of law about the competence of a person to testify as a witness is governed by Section 118 of the Evidence ... The said Act does not however confer on a person a right to act through agents. ... His evidence cannot be refused to be taken into consideration....
2010 0 Supreme(Gau) 775 • India - Gauhati
P.K.MUSAHARY
Code of Civil Procedure, 1973 - Section 397 and 401 – Indian Penal Code, 1860 - Sections 341/325 – Appeal against Conviction – Consideration ... and proved before trial court prosecution cannot claim that case against present convict petitioners have been proved beyond all ... Nor was any medical report produced to testify that the respondent-complainant received grievous injuries or any injury to his person for which he had to remain in the hospital for treatment. ... As already stated earlier, the above material witnes....
2025 7 Supreme 505 • India - Supreme Court
J. B. PARDIWALA, K. V. VISWANATHAN
– Suit for declaration and injunction – Competency of a person to testify as a witness is a condition precedent to admissibility ... and credibility of his evidence – Under Section 118 all persons are competent to testify, unless court considers that by reason ... have deposed about facts which may be within personal knowledge of his mother – However, his evidence cannot be discarded in toto ... book and volumes of concerned Sub – Registrar. ... Who may testify. ... L....
2006 0 Supreme(AP) 747 • India - Andhra Pradesh
V.V.S.RAO
of the party concerned, who is his "principal". respect of the facts within his or her personal knowledge, it is the concerned party ... Since, the power of attorney is not a substitute for a party he cannot speak about the facts which are exclusively within the knowledge ... profits – Father of defendant was the owner of suit schedule land allegedly sold the land to the plaintiff under registered sale deed consideration ... Since, the power of attorney is not a substitute for a party,....
2001 5 Supreme 689 • India - Supreme Court
UMESH C.BANERJEE, A.R.MISRA
The evidence of one person namely Arunachalam, cannot displace the requirement of the statute when Arunachalam himself has specifically ... witnesses though named in the body of the document were not made available but the writer of the Will or the scribe came forward ... Arunachalam has signed the document as a scribe not as a witness, if there were no signatures available as witness, probably we would ... Under Section 67, if a document is alleged to be signed by an....
1993 0 Supreme(Bom) 181 • India - Bombay
B.V.CHAVAN
Therefore, this document Exhibit 2 in the absence of proper proof cannot be taken into consideration in support of the defendants ... to a condition to do so she used to collect the said information from the person or persons who had accompanied the patient. ... ... Even though it cannot be said that this not was a mechancial copy ... In my view, therefore, this document Exhibit 2', in the absence of proper proof cannot#H....
2008 0 Supreme(Bom) 894 • India - Bombay
A.P.LAVANDE, A.B.CHAUDHARI
In our opinion, for such reason, this witness cannot be called as an interested witness. ... The dying declaration is recorded either before investigation begins or after and, therefore, it cannot be said that the same even ... He went to the hospital along with Sushila and in the burning ward she told him that the appellants had poured kerosene on her person ... If for any reason the Magistrate is not available, any other person who heard it when made can also testify and they being....
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