AI Overview...
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Once Documents are Marked as Exhibits - When a document is formally marked as an exhibit during trial, it generally cannot be demarked or rejected later, provided no objection was raised at the time of marking. This principle is supported by multiple rulings emphasizing that unobjected marking of a document as an exhibit precludes subsequent objections to its admissibility Rajesh Varma VS Aminex Holdings & Investments - Bombay, Deep Pal Consultancy Pvt. Ltd. VS Uma Mukherjee - Calcutta, bolla sri kanth vs kandula audi lakshmi - Andhra Pradesh, SUVARNA NETAJI PATIL vs SMITA ASHOK PATIL - Bombay.
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Objections and Demarking - Demarking or rejecting an exhibit typically requires an objection at the time of marking. If no objection is raised during the process, the document is considered admitted into evidence, and later attempts to demark or challenge its admissibility are generally dismissed as improper or as playing fraud on the court Sofia Hasan VS Shaik Mansoor Ali - Andhra Pradesh, Paramita Dutta VS Debkalyan Roy - Telangana.
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Inadmissibility of Unregistered or Insufficiently Stamped Documents - Documents that are unregistered or insufficiently stamped at the time of marking are often deemed inadmissible. For example, an unregistered relinquishment deed marked as exhibit A14 was found inadmissible under Section 17(1)(b) of the Registration Act, and similarly, documents with insufficient stamp duty are not admissible unless properly stamped or unless exceptions under the Stamp Act apply Andhra Rastriya Adi Shaiva (Archaka) Sangam VS Chundru Krishna Rao, S/o Brahmaiah - Andhra Pradesh, Jatti Veera Venkata Satyam VS Bosukonda Chinnadevi - Andhra Pradesh.
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Admissibility Despite Registration Issues - Certain documents, even if unregistered or inadequately stamped, may be admitted for specific purposes under statutes like the Registration Act or the Evidence Act, but their admissibility can be challenged later if objections are raised, especially if the document's registration or stamping is a legal requirement Jatti Veera Venkata Satyam VS Bosukonda Chinnadevi - Andhra Pradesh, Paramita Dutta VS Debkalyan Roy - Telangana.
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Effect of No Objection at the Time of Marking - If a document is exhibited without objection, it is generally considered admitted, and objections to its admissibility are barred unless there was a procedural flaw or fraud involved. This principle underscores the importance of raising objections immediately during the marking process Rajesh Varma VS Aminex Holdings & Investments - Bombay, Deep Pal Consultancy Pvt. Ltd. VS Uma Mukherjee - Calcutta, SUVARNA NETAJI PATIL vs SMITA ASHOK PATIL - Bombay.
Analysis and Conclusion:
The core principle across the cited cases is that once a document is marked as an exhibit without objection, it cannot be demarked or rejected later on the grounds of admissibility, registration, or stamping deficiencies. Exceptions exist where the document is inherently inadmissible due to legal requirements (e.g., registration under Section 17(1)(b)), but procedural objections at the time of marking are the primary basis for demarking. Therefore, marking a document as an exhibit effectively establishes its admissibility, and subsequent attempts to demark it are generally barred unless procedural or legal flaws are evident at the time of marking.
Search Results for "Once Documents is Marked as Exhibit same is Cannot be Demark"
2008 0 Supreme(Bom) 19 • India - Bombay
A.M.KHANWILKAR
The said documents have been marked as Exhibits P-7 and P-8 respectively along with its accompaniments. ... The said documents have been taken on record and marked Exhibits P-2 to P-8 which form part of the compilation. ... Evidence Act, 1872 - Section 61-Exhibiting of document-Exhibited document alongwith its enclosures not marked as collectively-Enclosures ... The said documents have been marked....
2017 0 Supreme(AP) 873 • India - Andhra Pradesh
B.SIVA SANKARA RAO
Act; that is not be all to say these documents, if otherwise admissible, cannot be admitted by its receiving – Demarking of exhibits ... of exhibits P.19 and P.20 are concerned, even earlier an application filed to receive them was dismissed saying those cannot be marked ... again by this petition is nothing but playing fraud on Court and hence, to demark the said documents – Held, So far as demarking ... So far as the exhibits C.1 ....
2022 0 Supreme(AP) 641 • India - Andhra Pradesh
B. S. BHANUMATHI
, which is already marked as exhibit A1, cannot be demarked, and therefore, impugned order is liable to be set aside – Civil Revision ... Act – On other hand, Section 49 of Registration Act permits receipt of unregistered documents in evidence for certain purposes, ... as exhibit A1 as it is insufficiently stamped – Held, In case of insufficiency of stamp duty, Section 36 of Indian Stamp Act prohibits ... Since the admissibility of a document marked on the ground of i....
2022 0 Supreme(AP) 1434 • India - Andhra Pradesh
B. S BHANUMATHI
The trial Court inadvertently marked an unregistered relinquishment deed as exhibit A14. ... Finding of the Court: The Court found that the unregistered relinquishment deed, marked ... as exhibit A14, was inadmissible for want of registration under Section 17(1)(b) of the Registration Act. ... On contest, the trial Court allowed the petition holding that exhibit A14, relinquishment deed, dated 18.05.1971, is a compulsorily registerable document under Section 17(1)(b) of the Registrati....
2013 0 Supreme(AP) 1073 • India - Andhra Pradesh
M.SEETHARAMA MURTI
Civil Procedure Code 1908 - Order 13 Rule 3 - Application seeking demarking/rejection of unregistered agreement of sale—If a document ... is exhibited without any objection, aggrieved party can still raise objection as to admissibility of document if matter relates ... No objection was also raised when the document was exhibited on behalf of the plaintiffs.?? When once the document is marked as exhibit A1, without any objection, it cannot be demarked and the evidence ....
2020 0 Supreme(Telangana) 807 • India - Telangana
A.RAJASEKHAR REDDY
Fact of the Case: The petitioner filed an application to demark documents marked in the absence of the petitioner in ... Finding of the Court: The Court found that the Family Courts have been given ample discretion in receiving documents ... Issues: The issues revolved around the admissibility of documents in Family Court proceedings, the discretion of the Family ... But, so far as the mode of proof is concerned, if an objection as to mode is not raised when the document is #HL_ST....
1924 0 Supreme(Mad) 217 • India - Madras
WALLACE
Issues: The crucial question was the intention of the parties in executing the documents, the nature of the consideration, ... Dasappa Goundan (1916) 31 M.L.J. 375 Fact of the Case: The case involved the interpretation of two documents, one ostensibly ... It is also pointed out that the first defendant says that he executed Exhibit C because the lady insisted on it, but I cannot hold that that necessarily indicates that she did not intend to sell. ... The question in this case is whether Exhibits I an....
2019 0 Supreme(Cal) 840 • India - Calcutta
HARISH TANDON, HIRANMAY BHATTACHARYYA
Roy, next submits that several documents were exhibited at the instance of the plaintiff namely building sanction plan, being Exhibit-8, Building Permit, being Exhibit-9, the Stacking Memo being Exhibit-10 in order to prove that the plaintiffs require the suit premises for building and rebuilding. ... Accordingly, opportunity is to be afforded to the plaintiff/appellant hearin to prove the documents annexed to the said application in accordance with law as the same can be taken into consideration only a....
2025 Supreme(Online)(AP) 2345 • India - High Court of Andhra Pradesh
VENKATESWARLU NIMMAGADDA, J
... Facts of the case: ... The Petitioner filed a suit for declaration of title and possession against the Respondent, who had marked ... , and once admitted, they cannot be contested based on insufficient stamping. ... cannot be questioned later, and directed compliance with stamp duty requirements. ... He further submits that even though the document has been marked as exhibit, the aggrieved party is not precluded from raising its admissibility even at later stage or even in appeal....
2024 Supreme(Online)(Bom) 5389 • India - Bombay High Court
SANDEEP V. MARNE, J
Certificate was marked as Exhibit and thus its existence was proved. ... - Failure to object to the admissibility of a document at the time of marking it as Exhibit precludes later objections - The Birth ... Paras 6, 17, 26, 33) ... ... (B) Evidence - Admissibility of documents ... Once the document has been admitted in evidence and marked as an exhibit, the objection that it should not be admitted in evidence or that the mode adopted for proving t....
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