AI Overview...
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Certified Copy of Deposition in Another Case - Generally admissible without examination if it qualifies as a public document and meets criteria under the Evidence Act. The Gujarat High Court in State of Gujarat & Anr. held that certified copies of public documents, including depositions recorded in earlier cases, are admissible without calling witnesses Supti Choudhury VS State of West Bengal - Calcutta.
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Cross-Examination and Admissibility - The admissibility of depositions from prior cases can be contingent upon whether they are marked during cross-examination or if the party intends to rely on them as substantive evidence. For instance, in IND_HC_KLHC010337612010, it was noted that prior depositions could be marked only in cross-examination when the witness is available for confrontation JOSE VALIYAVEEDAN vs GIGI K.GEORGE - Kerala.
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Specific Case Contexts - In some cases, courts have dismissed the relevance or admissibility of prior depositions if they do not directly relate to the present case or if they are not properly authenticated. For example, in 02100138183, a copy of deposition from another suit was deemed irrelevant and inadmissible J. Vanaja VS S. V. Raveendra Sreedharan - Madras.
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Certification and Authentication - Proper certification under the Evidence Act, including that the document is a true copy of a deposition from a previous proceeding, is essential for admissibility. The courts recognize certified copies as reliable evidence if properly authenticated Supti Choudhury VS State of West Bengal - Calcutta, Gheetirala Rama Murthy VS Gheetirala Venugopal - Andhra Pradesh.
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Limitations and Conditions - The courts emphasize that prior depositions are primarily used for cross-examination purposes or to establish consistency, not as substantive evidence unless explicitly permitted. The admissibility may also depend on whether the deposition was recorded in accordance with procedural requirements and whether the opposing party has an opportunity to cross-examine Murugesan VS Karuppayee Ammal and another - Madras, Gheetirala Rama Murthy VS Gheetirala Venugopal - Andhra Pradesh.
Analysis and Conclusion:
Certified copies of depositions from other cases can be admitted into evidence without examination of the original witness, provided they are properly certified as true copies of public documents. Their primary utility is during cross-examination or for impeachment purposes. However, courts may exclude such depositions if they are irrelevant, improperly authenticated, or if their admission violates procedural rules. Overall, the admissibility hinges on certification standards under the Evidence Act and the context within which the evidence is sought to be used.
Search Results for "Whether the Certified Copy Deposition of a Party in Another Case is Admissible Without Examination"
2008 0 Supreme(Cal) 897 • India - Calcutta
ARUNABHA BASU
EVIDENCE ACT - PUBLIC DOCUMENT - ADMISSIBILITY - CERTIFIED COPY OF EVIDENCE RECORDED IN EARLIER CASE - CROSS-EXAMINATION - SECTION ... Whether the certified copies of the depositions of the doctors recorded in the earlier matrimonial suit were admissible as public ... State of Gujarat & Anr., which held that certified copies of public documents are admissible without calling any witness. 2. ... Le....
2012 Supreme(Online)(KER) 44867 • India - High Court of Kerala
K.T.SANKARAN, J
Issues: Whether the signature in the defendant's prior deposition could be admitted as evidence in the current case without ... direct confrontation during cross-examination. ... The plaintiff attempted to prove the defendant's signature from prior cross-examinations in a criminal case. ... Certified copy of the deposition given by the defendant in another judicial proceeding can be marked #HL_S....
1979 0 Supreme(Del) 237 • India - Delhi
AVADH BEHARI ROHATGI
Whether the statement of Budh Singh was admissible as evidence against Bhagwan Singh. 2. ... , on the ground of subletting to Budh Singh without the landlord's consent. ... Whether the finding of subletting was sustainable. Ratio Decidendi: 1. ... cases to exclude in- admisaible evidence whether or not objected to by a party. ... Whether it is an admission or a deposition of a dead witness, the party against whom i....
2003 0 Supreme(Mad) 338 • India - Madras
A.RAMAMURTHI
The deposition of the 2nd plaintiff as P.W.3 in the other suit can be marked only in the cross-examination if and when the 2nd plaintiff ... copy of deposition, judgment, and report filed in a previous suit. ... The deposition of the 2nd plaintiff as P.W.3 in the other suit can be marked only in the cross-examination if and when the 2nd plaintiff ... The Ist plaintiff already filed another suit in O.S. No.292 of 1998. There was already another suit i....
2021 0 Supreme(Mad) 300 • India - Madras
G.JAYACHANDRAN
copy of the depositions in the suit O.S. not relevant and admissible in the present suit hence dismissed – p align="justify ... any supporting documents. – Ex.B-2 is not the Election identification card. – It is draft enumeration slip – Whether, voter ID card ... – Claim of the appellants that they are in occupation of the suit property bearing Door No.6/30, since 1981 is a bald assertion without ... C.M.P.No.12042 of 2020 to receive certified copy of the d....
2005 0 Supreme(Mad) 1584 • India - Madras
R.BANUMATHI
2 - Civil Rules of Practice, Rules 74(1) and (2) - Refusal of permission for production of documents pertaining to a criminal case ... Evidence Act (I of 1872), Secs.33 and 145 - Civil Procedure Code (V of 1908), Sec.151 -Statement of witnesses recorded in a criminal case ... ... ii.Whether the Certified Copy of the Deposition of the Witnesses in M.C.No.6 of 1991 do not have bearing and whether the reasonings for declining to receive the certified ....
2003 0 Supreme(AP) 308 • India - Andhra Pradesh
DUBAGUNTA SUBRAHMANYAM
is brought to notice during her cross-examination - He also contended that if a witness makes different statements in two different ... marriage need not be mentioned –Held, As already pointed out no admission in regarding any matter relevant to present criminal case ... There is no dispute regarding that proposition - However in present criminal case accused did not prove that made two different statements ... D-1. " except marking the certified copy of the former deposition of P. W. ....
1990 0 Supreme(Bom) 27 • India - Bombay
M.S.RATNAPARKHI
It involves a point of jurisdiction whether the Court should proceed with the suit or not. ... There is a substantive drawback in the plaint itself where the Court is put on guard and it has to decide whether if can proceed ... without a guarding ad-litem. ... These documents consisted of a certified copy of reply by Sundrabai and a certified copy of roznama in Special Civil Suit No. 108 of 1958, and a certified copy of a vakalatnam....
2003 0 Supreme(AP) 701 • India - Andhra Pradesh
B.SUDERSHAN REDDY, C.V.RAMULU
Indian Evidence Act - Section 33 – Convicted - Partition and separate possession - Dictate terms and exercise - Whether ... Having regard to the above contentions, the points that arise for my determination in this appeal are: -1) Whether there has been earlier division of the properties in between the appellant and the respondent? 2) Whether Exs. B-28, B-29 and B-32 are admissible in evidence? ... According to the evidence of this witness another chit like Ex. B. 19-chit was prepared and taken by the a....
2003 0 Supreme(AP) 58 • India - Andhra Pradesh
T.CH.SURYA RAO
According to the evidence of this witness another chit like ex. B-19 chit was prepared and taken by the appellant. The evidence of this witness has not been shaken in any way in the cross- examination and there is nothing to discredit the testimony of this witness. ... Since all the three persons died certified copies of their depositions are now sought to be relied upon in proof of execution of the memorandum of partition. ... Evidence of this witness has not been shaken in any way in the cross-examination#HL_....
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