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.
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