Want to know procedure to prove the truth in the contents of document?
Damayanti
(Querist) 06 October 2012
This query is : Resolved
I Want to know procedure to prove the "truth in the contents" of document? (contents are proved)
I am not able to understand the concept specifically how to prove the truth?
Should I summon the creator of document to prove that truth in the contents?
In following cases to whome should I call?
Wife has submitted 3 documents pertaining to husband.
1.One document is photocopy of his recent job change and salary increase.
2.One document is certified copy of nazar report.
3.One document is photocopy of certified copy of 'rojnama'.
Husband has submitted 1 documents.
4.husband has produced the photocopy of last year's tax return and bank passbook, In lieu of Court's order
Note: husband has not produced the original but the photocopy in response to court's order on 'notice to produce'.
Please help me understand it.
My understanding is based on somewhat similar/analogous example 'confession given by accused to a magistrate is receded somewhere other place than witness bos, doesn't that reqire to prove the 'truth in the contents' of his statement of confession again?
Then why any other public document is necessitated to prove 'truth in the contents'? aren't we doubting UNNECESSARILY that public document may not be truthfully written?
ajay sethi
(Expert) 06 October 2012
author of document has to be examined to prove the contents of document .
if wife is relying on document s regarding his job change has husband admitted said document ? you will have to examine person who has signed said document .
as far as roznama is concerned produce certified copy of roznama it would suffice
Damayanti
(Querist) 06 October 2012
Thank you, Ajay Sethi Sir.
One is certified copy (nazar report of payment made so far and which shows arrears) .. but that is also not being taken on records on the reason that 'it proved only contents' and 'NOT the truth of contents'.
In between there is transfer of suit to wife's location.
Firstly why 'photocopy of certified copy' is being objected to?
I prayed that the 'photocopy' of the certified copy be taken on records of the suit, and then compare it with 'certified copy' (we have only one copy...for it is like a original record) and allow us take back our certified copy.
But this is being objected by court.
Secondly, The husband indeed has admitted that he has changed the job and has not raised any objection to what wife submitted although those were xerox copies of the letter.
So it is a admitted fact by husband
But confusingly these documents are not being read and given exhibits as such.
Where am I going wrong.
ajay sethi
(Expert) 06 October 2012
you have to file certified copy of document . later on after suit is decided you can on furnishing copies take back your original docuemnts .
you have to summon person who has signed the letter regarding husband salary increase . then only will after his evidence will the document be taken on record and marked as exhibit
Damayanti
(Querist) 06 October 2012
For rojnama or nazar report who is to be treated as writer/creator of document? Am I supposed to call judge of earlier court or nazar incharge or bench clerk there?
ajay sethi
(Expert) 06 October 2012
certified copy of rozanma will be taken on record . you r lawyer willa dvise you how to prove all documents filed by you
Damayanti
(Querist) 06 October 2012
Thanks again Sir,
Ok , now I got it that I should have filed the certified copy itself and not the photocopy of the certified copy.
I reckon, HR manager who's sign is there would have to be called in.
Also I would file the a new list of docs + and original certified copy and prayer for the same.
I wish there was a book e.g. 'law for dummies/or learn law in 24 hrs' kind of book written by someone!!
Regards
Damayanti
R.K Nanda
(Expert) 06 October 2012
better take help of local lawyer.
