Exhibition of a document.

Querist : Anonymous (Querist) 18 June 2011 This query is : Resolved
What do u mean by Exhibition of a document's?

It is also applicable in criminal proceedings heard first time it is right. So it is applicable in HC also & also in supreme court.

If the documents are not exhibited than that documents has no importance during the prooceedings that documents are not called for the evidence or it will not considered as a evidence.

If there is CD or Pen drive than how to exhibit that ?

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Ravikant Soni (Expert) 19 June 2011
A document has to pass through four tough stages before becoming a proof of any fact:
(1) Production of document
(2) Exhibition of such docuemnt (here admissibility of such document is decided)
(3) Prooving of recital of such documentary evidence.
(4) Should be unrebutted by opponant.

Ravikant Soni (Expert) 19 June 2011
CD and Pen drive is output of a computer. It's comes under definition of electronic document.
Production of such evidence is governed by sec. 65A of Evidence ACT.

Querist : Anonymous (Querist) 19 June 2011
Sir thanks can u explain me point no 3 & 4 with the example.

Ravikant Soni (Expert) 20 June 2011
Recital of a document can be proved by
Admission -----sec 17 evidence act
proof of signature 47 evidence act
attesting witness 68 and 73 evi. act
expert witness 45 evi. act

Ravikant Soni (Expert) 20 June 2011
Rebuttal such as opponent proves not existence of signature alleged on document, or agreement cancelled by cancellation deed, such in a case of power of attorney, agreements.