Sunday, January 3, 2021

Document Referred in Cross Examination...?

Document Referred in Cross Examination...... Exhibit.......Proof of Contents....!
                                     

                  
- Basically mere referring of document during cross examination does not mean it is admitted to the party referred it in cross examination.

- Even though it is not a law that document referred in cross examination shall be exhibited by court.

- But in many States it is a consistent practice followed by court that when a document is referred in cross examination to witness , it be exhibit.

- The above practice is for convenience and for purpose of locating , identifying the document referred in cross examination.

- In such case mere marking a document as exhibit by such process does not dispense with the requirement of proof of the execution , contents , genuineness of the document in accordance with the law of evidence.

- Also it's settled position of law that mere exhibition of document doesn't dispense with proof it's contents.

-Mere a fact has not been disputed in cross examination does mean it's an admitted fact.

= Relevant Provision =====

- Chapter IV and V of The Indian Evidence Act 1872.
_ _ _ Relevant Judgement _ _ _ _ 

- Geeta Marine Services Pvt. Ltd. and another v/s State and another 2009(2) Mh.L.J.410.

- Abdul Rahim Majid v/s Shaikh Q. Rashid 2010 (1) Mh.L.J.343.

- Usha Shrikant Rege v/s Gauri Gajanan Rege 2014 (6) Mh.L.J.781.

..... please read all previous blogs give comment , suggestions . Anybody can circulate any blog without my consent...

No comments:

Post a Comment

Probate Jurisdiction - Confusion

Probate - Jurisdiction - Confusion......! - As per Section 264 of Indian Succession Act 1925 District Judge having jurisdiction of Probate. ...