Admissibility of police complaint & news paper advertisement
Ashok Kuvadia
(Querist) 23 July 2013
This query is : Resolved
(01) Dear Experts, in anticipation I am thankful to all of you for giving me your valued Opinion, which helps a lot to people like me who are fighting for Justice and their Rights in person and gives moral supports too.
(02) I have filed a Dispute at Co-operative Court, Mumbai, appearing in person since last Seven years, against my Society which is Co-operative Ownership Housing Society.
(03) The Opponent Society has filed its Affidavit of examination-in-chief, wherein it has mentioned that--
“The records of Society were taking to auditor while taking it in the car. The said records were lost. Complaint to that effect has been lodged at Police Station. Copy of the said N.C. (complaint) is annexed”. They produced the Xerox copy to court by getting it verified & certified with its original by Court.
(04) However, the said document is not get admitted by Opponent by calling the Police authority, who gave that N.C. (complaint), as witness.
(05) Secondly, to substantiate LOST, they annexed the News Paper advertisement given about LOST with their in-chief.
My Query:
(01) Can the N.C. (Police complaint) be treated as admitted document, without getting it admitted by calling Police authority as witness who issued same?
(02)-(a) Can the News Paper advertisement about LOST is a valid evidence as per Evidence Act? (b) Can anyone please provide me any Judgment/Order of Apex Court and/or High Court?
N.B.: Since I have kept my Query to limited issue only, therefore not explaining about whole matter.
Thanking all in anticipation, once again.
Ashok. (098691 02755)
Devajyoti Barman
(Expert) 23 July 2013
1. Yes if its certified copy is produced.
2.No
