Guest
(Querist) 23 December 2010
This query is : Resolved
If high court investigates a matter and peruses some records, Is it mandatory to file all records to be relied upon through the registry or can these be perused and relied upon by court without bringing/filing them on record ?
s.subramanian
(Expert) 23 December 2010
Unless they are placed on record,no court will be entilted to look into them.
Kirti Kar Tripathi
(Expert) 23 December 2010
agree, placing of records is necessary.
Guest
(Querist) 23 December 2010
Thanks all members.
Devajyoti Barman
(Expert) 23 December 2010
Only the documents lying with the record is considered by the court.
Arun Kumar Bhagat
(Expert) 24 December 2010
High Court possesses inherent powers. They can consider any documents whether placed or not placed with the registry. I disagree with others. See section 482 of the CR.P.Code.
Guest
(Querist) 25 December 2010
Bhagat ji please tell whether it applies to CPC also? If the documents produced are forged and no opportunity is given to opposition to raise a defence against the produced records?
Arun Kumar Bhagat
(Expert) 25 December 2010
You can file Criminal complaint with the Judge itself stating that the documents are forged and hence the documents should be referred to FSL for its genuineness after giving opportunity to the producer of the documents to deny the same..
M V Gupta
(Expert) 25 December 2010
Mr. Bhagat, does not the course of action suggested by you lead to multiplicity of litigation? When there is possibility of bringing the records to the file in the case pending before the court and all pleas of fortgery etc can be taken, why should a party drag the matter to a criminal court?
Arun Kumar Bhagat
(Expert) 25 December 2010
What is the remedy if forgery is suspected ? Definitely the judge will seek expert's opinion ? What is your view ?How to detect forgery ?
Guest
(Querist) 26 December 2010
Actually these documents are false & fabricated rather than forged.
Arun Kumar Bhagat
(Expert) 01 January 2011
Always changes version. One should not waste time in answering.
Guest
(Querist) 09 January 2011
Arun Bhagat has a lot of time to waste in sitting before computer and advising the experts who really dont have time.He feels glorious in opposing comments of real experts and spits frustration on the querist, if his opinion is negated by genuine experts.
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