Photographs as evidense
Querist :
Anonymous
(Querist) 24 January 2012
This query is : Resolved
Dear Expert Sir(s),
Can photos produced by plaintiff with the plaint be relied by the judge,though deft denies them (as expected) in cross examination?
How to use them in favour of Plaintiff?
Please guide.
V R SHROFF
(Expert) 24 January 2012
repeated q??
Photographer be examined, and photo be supported with Phgr name, add, date, cash memo , & evidence of persons photoed, , ca be used in fvr of Pt.
Devajyoti Barman
(Expert) 24 January 2012
Unless the photographs are duly exhibited in evidence, the court can not consider the same even if it remains in the record.
ajay sethi
(Expert) 24 January 2012
repeated query
Raj Kumar Makkad
(Expert) 24 January 2012
Nothing seems to be added in the reply.
Shailesh Kr. Shah
(Expert) 24 January 2012
why you are repeating???????????
please note that 1+1=2 only never 1 or 3.
Ramanathan G
(Expert) 24 January 2012
LCI 24-1-12, at 11.46 pm.
Sir,
Only direct evidence is considered by the Court, only after cross examination of that evidence. Thus merely by producing a document, even if in original, Court is not bound to believe that.
Besides that, what u want to prove by those photographs should have been written clearly. Pleading to contain necessary facts and not evidence, or Facts which are necessary to prove the main facts. Pleading to contain informations from which the Question of Law and Question of Fact as Issue can be framed. There are various other relevant Rules to Code of Civil Procedure, 1908; not written here.
Since it is about photographs, their Negatives or memory card if it is Digital photo, also should have been filed AT THE FIRST INSTANCE ITSELF.
Name, age, father’s name and complete address of the photographer should have been filed at the stage of giving list of witnesses. Said individual’s Affidavit as “examination in chief” should have been filed at that stage.
There are books about “cross examination specimen questions” which may not help to frame questions. Please refer the Principles about cross examination, prior to preparing Pleadings and Affidavit as examination in chief.
Without all these, u cannot prove anything. In the Court of law, you have to produce your evidence, supply advance copy to opposite party well in time, and prove them with best evidence. Then produce that witness when the opponent want to cross examine him. Only thereafter if the Judge think necessary, he can believe that evidence, and believe the grievance in the suit, and allow or deny the relief.
For example, now I am at Kochi, Kerala. Here in the Buses, the ladies do not sit with the gents. Till July 2011 I had been at Delhi, where if two males will adjust the seat, a third lady may sit in that seat – which is teased in the 1989 by a Kochi resident as “sitting in the laps of males”. Thus if your photos are like these Facts, even after believing the originality of the photos, the Judge will refuse to rely any misconduct from the lady, saying “Delhi Culture do not think bad about this journey”.
There are various other examples. You can see Kerala Cinemas in which for Pop Music, the females and males dance separately. However, at Bangalore (or at Kochi itself among different culture people), there can be custom of wife dancing not only with her husband, but also with his friends as per “Lucky Dip” of names of males. In simple words “swapping”.
After death of a senior member, if beneficiary in the Will lost mind for a lot of days, and u r producing photos to prove his absence in a lot of ceremonies thereafter, and he is producing Doctors to prove his treatment, even after not attending any of the Rites, the Court may permit him to get entire Bequeathed property.
Please remember, in the Court, the Facts and Grounds both to be pleaded and proved to get relief. Merely with photos as evidence, no much difference is going to take place.
Yours truly,
Ramanathan2108@gmail.com
