Exhibiting the Docuents

Chetan (Querist) 24 March 2010 This query is : Resolved
I had filed the document which i had obtained under RTI Act from RBI in my name (I contested the 138 case from accused side)

but it is not exhibited that document is very important which shows that the said bank have no licence of banking business.

my query what will be the effect of non-exhibiting it

and how to exhibit it

pls explain and provide any case laws which shows that non-exbiting have evidentiary effects

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Parveen Kr. Aggarwal (Expert) 24 March 2010
A document which is exhibited becomes part of the record and is read into evidence whereas a document which is not exhibited does not become part of the record and cannot be read into evidence.

A certified copy obtained under the Right to Information Act of a document which is a public document, is per se admissible and can be exhibited by merely tendering it in evidence without formal proof.

It is also settled law that a document which ought to have been exhibited but not exhibited during evidence, may be read in evidence. Similarly, a document which has wrongly been exhibited without following the procedure for proving it, can be excluded from evidence by the Court.

In case the document produced by you is not a public document, you can summon any witness from the office of RBI along with original thereof and prove certified copy thereof on file and exhibit the document.

adv. rajeev ( rajoo ) (Expert) 24 March 2010
You will have to enter the wittness box against to get the document marked as an exhibit.
You can also follow the advise of Parveen.

prakash vathore (Expert) 24 March 2010
i do agree with praveen, but the document which is not exhibited cant be reffered in the judgement, and hence have no value.

Parveen Kr. Aggarwal (Expert) 24 March 2010
Mr. Prakash Vathore,

If a document is duly proved in evidence but could not be marked exhibit due to inadvertence, the court can still read it in evidence. Similarly, mere exhibition of a document does not dispense with its proof. Kindly see AIR 1971 Supreme Court 1865.