AI Overview...
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Evidence Not Marked as Exhibit but Brought to Court’s Knowledge - The court can acknowledge objections and tentatively mark documents as exhibits without dismissing them, allowing for their consideration during final judgment. Oral evidence related to such documents can be decided at the final stage Saidai Sa. Duraisamy VS Stalin M. K. - Madras.
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Objections and Admissibility of Evidence - Evidence such as CDs or documents may be objected to on grounds of competence or admissibility. The court may allow witnesses to prove such evidence under specific provisions (e.g., Section 65-B of Indian Evidence Act), and documents initially marked as exhibits without objection are generally accepted as evidence. Raising objections late in the process is often deemed inadmissible . VS . - Madras, Jageshwar Lohra son of Makund Lohra VS State of Jharkhand - Jharkhand.
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Marking and Identification of Documents - Documents like registers or pay-in slips can be marked as exhibits (e.g., Exhibit Q1, Exhibit 5) and read into evidence, provided they are properly identified and marked during trial. The failure to object at the appropriate time may result in the documents being admitted as evidence Padam Chandra Singhi VS P. B. Desai - Bombay.
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Role of Evidence in Court Decisions - Courts rely on circumstantial evidence, motive, and other available evidence to establish facts such as homicide versus suicide. Critical evidence that cannot be presented due to incapacity may still influence the case, and marked exhibits serve as crucial proof M.SHAMMYKUMAR vs STATE OF KERALA - Kerala.
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Procedural Aspects of Evidence Handling - The court has a duty to be vigilant during trials, ensuring evidence is properly recorded and objections are raised timely. The inadmissibility of documents or exhibits not challenged at the right stage is generally upheld, and subsequent objections are typically not entertained Sister Mina Lalita Baruwa VS State of Orissa - Supreme Court, Sister Mina Lalita Baruwa VS State of Orissa - Crimes.
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Use of Confessions and Corroborative Evidence - Confessions under Section 27 of the Evidence Act are considered corroborative rather than substantive evidence. The benefit of doubt may be given if evidence such as confessions or witness testimonies are not directly linked or properly proved Mohammad Hasan VS State of C. G. - Chhattisgarh.
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Stamp Duty and Document Reliance - When documents are tendered as evidence, failure to pay proper stamp duty can lead to impoundment or rejection. The party's decision not to rely on a document does not exempt it from legal obligations regarding stamping Mukesh Kumar VS Kulvinder Singh - Madhya Pradesh.
Analysis and Conclusion:
The sources collectively highlight that evidence not explicitly marked as exhibits but brought to court's knowledge can still be considered, provided objections are raised timely. Proper marking, identification, and timely objections are crucial for admissibility. Courts have discretion to tentatively mark and later finalize exhibits during judgment. Objections based on competence, admissibility, or procedural lapses are often upheld if not raised appropriately. Confidentiality and procedural compliance, including stamp duty payments, are essential. Overall, the court's vigilance and adherence to procedural norms determine the weight and admissibility of evidence, whether marked as exhibits or introduced informally all references.
Search Results for "Evidence Not Marked as Exhibit and Objected but Evidence Brought to Court s Knowledge"
2016 0 Supreme(Mad) 3965 • India - Madras
M.VENUGOPAL
the Court can take note of such objection and mark the objected documents tentatively as Exhibits, which does not dispense with ... Boovaraghavan, to come and give evidence for the purpose of proving the 15 CDs marked as Ex. C-8 to Ex. ... item of oral evidence, in the considered opinion of this Court, can be decided during the last stage of the final Judgment [of course ... document tentatively as an exhibit in the case (or record ....
2018 0 Supreme(Mad) 1502 • India - Madras
M.V.MURALIDARAN
availability of sub inspector at Police Station cannot be countenanced - Prosecution case finds no support whatsoever, from the evidence ... in complete conscious, she was unable to resist but objected same - However, according to the complaint PW1 stated that after getting ... opinion that prosecution has not proved case beyond all reasonable doubt, so in Court opinion that appellant/accused is entitled ... Since PW1 was not in complete conscious, she was unable to resist but objected....
2011 0 Supreme(Bom) 1041 • India - Bombay
ROSHAN DALVI
(Paras 91 and 95) ... (B) Evidence Act , 1872---Section 106---Proof ... of fact---Person who alleges particular fact to his knowledge has to prove that fact . ... The register initially marked “X3” in evidence is, therefore, required to be marked as an exhibit and to be read in evidence as documentary evidence in this suit. It is accordingly marked ExhibitQ1. ... 58. ... Whereas the pay-in-slip Exhibit5 was #HL_....
2020 0 Supreme(Jhk) 986 • India - Jharkhand
ANUBHA RAWAT CHOUDHARY
Evidence Act, 1972. – Had point of inadmissibility of Exhibit-2 and Exhibit-2/1 been raised before learned trial court at appropriate ... As both these documents have been marked as exhibits without any objection from side of petitioner, point of inadmissibility of Exhibit ... -2 and Exhibit-2/1 as an evidence being raised subsequently is not permissible in law and hence, contention of counsel for petitioner ... is....
2016 0 Supreme(Mad) 575 • India - Madras
M.VENUGOPAL
a subpoena for a witness to prove CDs marked as evidence. ... The 1st Respondent objected, claiming the witness was not competent to speak about the CDs. ... the witness to appear before the Court and tender evidence for the purpose of proving the CDs under Section 65-B of the Indian Evidence ... document tentatively as an exhibit in the case (or record the objected part of the oral evidence) subject to such object....
2024 Supreme(Online)(KER) 56406 • India - High Court of Kerala
... ... Ratio Decidendi: Court relied on circumstantial evidence; murder confirmed by motive, available evidence, and absence of ... during incident; critical evidence from lodge manager could not be presented due to incapacity - Investigation revealed accused ... was present at the time of death - Nature of evidence pointed to homicide, not suicide, indicated by circumstances surrounding the ... Exhibit C1 was marked as a #HL_STAR....
2014 2 Supreme 529 • India - Supreme Court
S.S.NIJJAR, FAKKIR MOHAMED IBRAHIM KALIFULLA
invocation of Section 301(2) was not permissible, anomalous evidence deposed by witness having been brought ... is duty and responsibility of Court to be alive and alert in course of trial of a criminal case and ensure that evidence recorded ... to its knowledge should have examined scope for invoking Section 311 and set right the position-Courts below should have made attempt ... marked alongwith Exhibit-8. ... In other words even if in the consider....
• India - Crimes
S.S.NIJJAR, FAKKIR MOHAMED IBRAHIM KALIFULLA
invocation of Section 301(2) was not permissible, anomalous evidence deposed by witness having been brought to its knowledge should ... (i) Criminal Procedure Code, 1973—Sections 301 and 311—Recall of witness—Perjury(Giving of wrong evidence)— Criminal Court cannot ... is duty and responsibility of Court to be alive and alert in course of trial of a criminal case and ensure that evidence recorded ... marked alongwith Exhib....
2014 0 Supreme(Chh) 350 • India - Chhattisgarh
NAVIN SINHA, INDER SINGH UBOWEJA
benefit of doubt - Confession under Section 27 of the Evidence Act is not substantive evidence but only corroborative evidence - ... shall now take up for consideration such of appellants who though named in Exhibit P2 P3 and F.I.R. find no reference whatsoever ... conviction - Deceased was fatally assaulted and PW 18 Singh injured in a common assault Both were taken to Hospital for treatment - Exhibit ... The accused were taken into custody and their confessions recorded under Section....
2021 0 Supreme(MP) 232 • India - Madhya Pradesh
VISHAL MISHRA
to rely on the document or exhibit it in evidence. ... The party's choice not to rely on the document or exhibit it in evidence does not exempt it from paying the deficit stamp duty. ... The defendants objected to the agreement being improperly stamped, and the Trial Court impounded the document and sent it to the ... When a document is tendered in evidence and before it is marked as exhibit in a ....
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