AI Overview...
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Exhibiting All Pages of a Document - Generally, not all pages of a document need to be exhibited for it to be admitted as evidence. The key requirement is that the document, along with its enclosures if any, must be properly exhibited and proved during the evidence stage. Once admitted, the court can consider the entire document, even if not all pages were individually marked, provided the document as a whole is properly proved Rajesh Varma VS Aminex Holdings & Investments - Bombay.
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Marking and Proof of Documents - Marking a document as an exhibit does not automatically prove its contents; it must be proved by evidence during trial. If a document is not admitted initially, it must be exhibited and proved during the evidence stage, and the court must pass an order regarding its admissibility STATE OF U. P. VS THAKUR SRI RADHA RAMANJI MAHARAJ - Allahabad.
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Electronic and Digital Evidence - For electronic records such as CDs, proper certification and compliance with legal requirements are mandatory for admission. Simply marking electronic evidence as exhibits without proper certification or without following due procedure renders them inadmissible DHRUBEN GURALDAS BALANI VS STATE OF GUJARAT - Gujarat, State of Kerala VS Sunil N. S. @ Pulsar Suni S/o Surendran - Kerala.
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Inadmissibility and Objections - Objections to admissibility, if not raised at the appropriate stage, can be deemed waived. For example, the inadmissibility of certain exhibits cannot be raised after they have been marked as exhibits without objection during trial Jageshwar Lohra son of Makund Lohra VS State of Jharkhand - Jharkhand.
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Admitted Documents and Partial Evidence - Admission of a document by a party indicates acknowledgment of its authenticity, but the entire document may still require proof of its contents unless admitted as a whole. The court emphasizes that mere marking does not dispense with the need for proof unless explicitly admitted Kanark Enterprise Pvt. Ltd. VS Utpal Kalita - Gauhati.
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Special Cases (Affidavits, Electronic Records) - Affidavits and electronic records require proper certification and compliance with procedural requirements. Without these, such evidence may not be admitted, regardless of whether they are marked as exhibits DHRUBEN GURALDAS BALANI VS STATE OF GUJARAT - Gujarat, State of Kerala VS Sunil N. S. @ Pulsar Suni S/o Surendran - Kerala.
Analysis and Conclusion:
It is not strictly required to exhibit all pages of a document to admit it in evidence. The primary focus is on proper marking, certification, and proof during the evidence stage. Electronic records demand additional certification. Proper procedural steps, including timely objections and adherence to legal requirements, are essential for the admissibility of documents. Once a document is admitted, the court can consider the entire content, even if not all pages were individually marked, provided the document is properly proved Rajesh Varma VS Aminex Holdings & Investments - Bombay, STATE OF U. P. VS THAKUR SRI RADHA RAMANJI MAHARAJ - Allahabad, DHRUBEN GURALDAS BALANI VS STATE OF GUJARAT - Gujarat, Jageshwar Lohra son of Makund Lohra VS State of Jharkhand - Jharkhand.
Search Results for "Is it Required to Exhibit all the Pages of a Document to be Admitted in Evidence"
2008 0 Supreme(Bom) 19 • India - Bombay
A.M.KHANWILKAR
This document has been admitted by the defendants. ... Evidence Act, 1872 - Section 61-Exhibiting of document-Exhibited document alongwith its enclosures not marked as collectively-Enclosures ... It is too late in the day for the defendants to make grievance that the said document cannot be looked into, having already admitted ... This document has bee....
2022 Supreme(Online)(KER) 60027 • India - High Court of Kerala
Ziyad Rahman A. A, J
emphasized the police's obligation to register an FIR upon receipt of a cognizable offense complaint, mandating action based on evidence ... Decidendi: The court held that the police must register an FIR when a cognizable offense is reported, as mandated by law, and are required ... learned Public Prosecutor made available a copy of the report submitted by the Station House Officer, Thiruvalla, wherein it is admitted ... Exhibit1#....
2011 0 Supreme(All) 2613 • India - Allahabad
YATINDRA SINGH, DINESH GUPTA
(A) Practice and Procedure—Filing of documents by one party in suit as evidence—Counsel for other party is required to make endorsement ... is not admitted by other party, then it has to be exhibited and has to be proved by party filing it during evidence stage—Thereafter ... , Court is required to pass order regarding its admissibility—High Court found that trial Court has not followed ....
2022 0 Supreme(Guj) 5 • India - Gujarat
GITA GOPI
producing an affidavit below Exhibit-308 – Held, Court without due certification - CDs cannot be admitted in evidence since mandatory ... -278 and during the course of examination-in-chief of victim, accused moved an application with prayer to exhibit the documents/electronic ... being sessions triable, was committed to Sessions Court and was numbered as Sessions Case prosecution examined victim – P.W.27 ....
1919 0 Supreme(Mad) 117 • India - Madras
J.WALLIS, OLDFIELD, C TROTTER, S.AIYAR
The plaint document, Exhibit H, was executed for Rs. 1,150 due to the plaintiff, partly under Exhibits G (Rs. 833-8-0) (within six ... The suit was brought to obtain a mortgage decree for sale on the mortgage document Exhibit H, dated 11th May 1903, executed by the ... Ratio Decidendi: The first document Exhibit B was executed by the 1st defendant to S. Koundan for Rs.....
2015 0 Supreme(Gau) 639 • India - Gauhati
N.CHAUDHURY
as evidence under the Companies Act, 1956. ... Finding of the Court: The court found that the defendant admitted liability to make payment to the plaintiff and was ... held that while the plaintiff failed to prove the claim amount and interest as per the maintained books of accounts, the defendant admitted ... A plaintiff is not required to furnish the evidence in support of the claim by way of pleading....
2018 0 Supreme(Bom) 147 • India - Bombay
K.R.SHRIRAM
are no pleadings in plaint to effect that these correspondence were sent to and defendant no-2 has admitted his liability- Only ... of evidence of filed in Admiralty Suit because averments did not include averments regarding various documents and invoices- In interest ... been framed as to whether plaintiff proves that they sent these emails to defendants and whether defendants by these emails have admitted ... referred to....
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 permissib....
2014 0 Supreme(Bom) 277 • India - Bombay
R.M.SAVANT
He has also admitted that he is not in position to answer and does not remember as to when he had issued Exhibit 123 which is a certificate ... In so far as the evidence of Dr. is concerned, it is required to be noted that it has come in his evidence that he had not reported ... In so far as the documentary evidence is concerned, it is required to be noted that the rele....
2022 0 Supreme(Ker) 9 • India - Kerala
KAUSER EDAPPAGATH
evidence amount to its proof nor mere marking of an exhibit of a document dispense with its proof which is otherwise required to ... requisite certificate can be directed to be produced at any stage, so that information contained in electronic record form can then be admitted ... It was clarified that the contemporaneous production is required only in cases where such certificate could b....
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