AI Overview...
- When can a Party Get a Document Marked through the Adverse Party
- Marking Documents in Court Proceedings: A document can be marked through the adverse party typically when it is produced or admitted into evidence by that party, often after proper authentication or certification. Objections to the mode of proof or admissibility should be raised before or during the time of marking the document, not afterward. For example, as per Chothmal VS Banshidhar Purohit - Rajasthan, objections to the mode of proof should be taken before a document is admitted, and once admitted, the document can be marked and used in evidence.
- Adverse Inference and Non-production of Documents: If a party fails to produce a relevant document, adverse inferences may be drawn against them, especially in cases involving adverse possession or property disputes, as seen in Chothmal VS Banshidhar Purohit - Rajasthan and Ayyasamy VS Chelladurai - Madras. The court may reject claims of adverse possession or other rights if the party relying on documents fails to produce necessary evidence.
- Procedural Requirements: Proper procedure involves raising objections at the time of marking or admitting documents to prevent prejudice, as discussed in Chothmal VS Banshidhar Purohit - Rajasthan. Marking documents through the adverse party allows the court to consider the evidence, provided objections are made timely.
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Special Circumstances: In some cases, documents are marked through the adverse party when they are produced during cross-examination or when the adverse party admits to them, as in Darshan Singh VS State of Punjab - Punjab and Haryana, where material witnesses and documents are withheld, impacting the case's evidence.
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Analysis and Conclusion
- A party can get a document marked through the adverse party primarily when the document is formally produced, admitted, or certified during court proceedings. Objections to admissibility or mode of proof should be raised promptly to preserve rights and avoid prejudice. Failure to produce relevant documents or timely objections can lead to adverse inferences or dismissal of claims, especially in property or adverse possession cases. Proper procedural steps, including cross-examination and timely objections, are essential for a party to successfully mark and rely on documents against the adverse party Chothmal VS Banshidhar Purohit - Rajasthan, Chothmal VS Banshidhar Purohit - Rajasthan, Darshan Singh VS State of Punjab - Punjab and Haryana.
References: - Chothmal VS Banshidhar Purohit - Rajasthan - Darshan Singh VS State of Punjab - Punjab and Haryana - Ayyasamy VS Chelladurai - Madras - 0220006944 - Lachhmi Narain Singh (D) Through LRs VS Sarjug Singh (Dead) Through LRs. - Supreme Court
Search Results for "When can a Party Get a Document Marked through the Adverse Party"
2010 0 Supreme(P&H) 304 • India - Punjab and Haryana
MEHINDER SINGH SULLAR
has withheld the material witnesses, which could prove the recovery of the contraband from the appellant during the trial--Legal adverse ... In this respect, PW3 claimed that the accused was told that he was suspected to have some contraband article and he is at liberty to get himself searched in the presence of a Magistrate or Gazetted Officer and Memo Ex.PD was prepared, which was thumb marked by the accused and attested by Head Constables ... Meaning thereby, the prosecution has withheld the material witnesses, which could prove the re....
2015 3 Supreme 8 • India - Supreme Court
RANJAN GOGOI, R.K.AGRAWAL
The appellant is a sole proprietorship concern working as third party ... Code of Civil Procedure, 1908 – Order XII, Rule 8 – Respondent not filing documents ... If, however, the said document is not placed on record, then adverse inference against the party who has produced the same cannot be drawn, more so, when the party who has produced the said document before the Court has been cross-examined vis-à-vis that document. ... It is not in dispute th....
• India - Consumer
R.THAMARAJAKSHI, S.P.BAGLA, S.S.CHADHA, B.S.YADAV, V.BALAKRISHNA ERADI
There is no document on record relating to the Opposite Party No.2. ... complainants - Sent them to Riyadh and made to work as cleaner of Municipal Roads - Complainants objected to their employment in adverse ... opposite party had dealings with complainants No document on record relating to opposite party No.2 - State Commission did not advert ... employment in adverse condition and meagre salary and were sent back. ... The complainants had placed on record certain #....
2001 0 Supreme(AP) 963 • India - Andhra Pradesh
S.B.SINHA, S.R.NAYAK
a manifest error in proceeding basis that the lands in question were acquired Land Acquisition Act - Construction of an ancient document ... - But, in such cases what requires to be considered is as to whether taking an overall view evidence on record party claiming that ... difficult task - More difficulty arises when question as to whether a property is a property or not has to be decided in absence of any documents ... From the old documents the same document is proved. ... ... ( 22 ) INTERPRETATION....
2021 5 Supreme 626 • India - Supreme Court
SANJAY KISHAN KAUL, HRISHIKESH ROY
is admitted and marked as exhibit – Allowing such objection to be raised during appellate stage would put the party who placed certified ... This is to avoid prejudice to party who produced the certified copy of an original document without protest by the other side. ... acceptance and marking of concerned cancellation deed, in trial Court – In face of Expert’s Report, when Deed of Cancellation were marked ... Objection as to mode of proof should be taken before a document is admitted ....
2015 0 Supreme(Raj) 1319 • India - Rajasthan
NISHA GUPTA
– Held, since no document produced by the plaintiff the order of adverse possession is not passed in his favour. ... Indian Evidence Act, 1872 Section 114 (g) Suit for adverse possession – Plaintiff relief on the ground of non production of documents ... order of the Gram Panchayat to prove that there was a side lane that was in existence, but the plaintiff did not produce any such document ... The defendant respondent has made encroachment in the lane and has reduced it to 2.5 ft. and the disputed land....
2014 0 Supreme(Mad) 3592 • India - Madras
V.M.VELUMANI
Adverse Possession - Property Dispute - [Adverse Possession] - [Transfer of Property Act, 1882, Section 53A; Limitation Act, 1963 ... , Section 27] - The court discussed the appellant's claim of adverse possession and the respondents' challenge to the appellant's ... Final Decision: The second appeal was dismissed, and the appellant's claim of adverse possession was rejected. ... The second document sought to be marked is unregistered release deed executed before Panchayat. As this #....
2019 0 Supreme(Del) 656 • India - Delhi
S.RAVINDRA BHAT, A.K.CHAWLA
s plot and public building, as per approved layout plan of Green Park Extension and marked as A, B, C, D, E, F, G, H, I and J in the Plan. ... s plot and public building, as per approved layout plan of Green Park Extension and marked as A, B, C, D, E, F, G, H, I and J in the Plan. ... That a resolution bearing no. 929 passed by Municipal Corporation on 7.3.1974 (item No.37) is relevant in this regard, the true typed copy whereof is annexed and marked as Annexure P-41. ... Dealing with handing over of possession, it is submitted that MCD n....
2004 0 Supreme(AP) 1556 • India - Andhra Pradesh
GOPALA KRISHNA TAMADA, T.MEENA KUMARI
B69, it has to be held that document which remained in existence right from 1953 has to be held as proved as the said document is ... Hindu Succession Act - Section 14 (1) – Suit for Partition – Dismissal of Suit - Shares – Adverse possession ... has been in continuous and uninterrupted possession and enjoyment over said land as its owner and thus she perfected her title by adverse ... B69 fasilnama was marked through DW1. DW1 was recalled to mark the said document as per the orders da....
1965 0 Supreme(Cal) 183 • India - Calcutta
A.C.SENGUPTA, A.K.DAS
The plaintiff should not be deprived of his right to get damages to the extent of the repair cost although it exceeds the estimated ... In any case therefore no adverse presumption for failure to make discovery should arise, and the penalty for such failure was dismissal of suit on an application by the party. ... Ltd. , where Bhagawati, J. pointed out that where the correctness of the contents of a document produced in Court is in issue that should be proved by calling the executor of the document as a....
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