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Ankit Saha (CEO)     14 September 2014

Evidence

Dear Sir/Madame,

Defence lawyer produced a attested copy of a document.This was objected by complainant's lawyer because it is neither certified nor original. Orginal couldn't be produced as it was seized by police said defence. They couldnt produce seizure memo also.  Can complainant use part of the objected document in his favour though it was disallowed?

Ankit



Learning

 4 Replies

Laxmi Kant Joshi (Advocate )     14 September 2014

If it is not a certified copy then it cannot be used as an strong evidence, challenge it and get it dismissed by the court, it has no evidentry value before the court.

Ashok, Advocate (Lawyer at Delhi)     14 September 2014

If the document has been disallowed and not taken on record during trial (i.e., it has not been exhibited) on the objection of the complainant, how can it be used now by the complainant himself in his own favour? If the complainant wants to use a part of this document, he will have to get this document exhibited first by allowing it to be taken on record.

 

 

Advocate Bhartesh goyal (advocate)     16 September 2014

Once a document has been disallowed to taken on record or exhibited by court,no party  has right to take its advantage in their favour and even court can not consider such document in pronouncing judgment

N.K.Assumi (Advocate)     16 September 2014

Nothing to add more.


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