Upgrad LLM

marking of documents, evidence and proof

Associate

In evidence, the Defendant provides original correspondence between the Plaintiff and Party A to prove his case that Plaintiff did not perform as required by him. Is this good enough? What does proving its contents mean?  Plaintiff does not deny the correspondence.

 

Party A wanted the Plaintiff to execute certain documents that he mentioned in the letter. Plaintiff did not execute the required documents. Party A is now deceased. 

 

The Defendant can only prove its contents by asking the Plaintiff for prove that he had complied with Party A's request. How else can we prove the contents? Will the court accept the documents as evidence?

 
Reply   
 
propra

please correct me if I am wrong in my understanding about documentary evidence.....

 

 

 

Since the plaintif hasn't denied the correspondance, the contents of that "there was occurance of wriiten correspondance between plaintiff and party A in certain context" is proved. That context is the one type of contents of that written correspondance.  

 

 

Let's say ... Party A asks plaintiff to do certain things in writing ............. plaintiff replies in writing to that as 'Yes/No/may be but not now/' or any reply.

 

Contents of those correspondance only proves that 'such correspondance' did happen between Party A and plaintiff ..................... that's all ............... and its relevancy and admissibility stops then and there.

 

 

But above written conversation doesn't prove neither ........ whether plaintiff factually did those things (context or contents of written conversation even if might have any such promise/assurance by 'plaintiff to Party A') ... nor also does it prove that plaintif didn't do those things as prescribed by Party A .............. also it doesn't anyway infer that the plaintiff may have taken any another different recourse of action altogether which isn't part of the context of that correspondance.

 

 

 

That's why plaintiff also is not denying the ocurrance of such written conversation!

 

 

But it does not infer anything in either direction in the context of context of the written conversation!

 

 

Marking of docs is a procedural nitty gritty and nothing to do with admissibility of documentary evidence  towards issues of facts

 


Total likes : 1 times

 
Reply   
 


Advocate

With reference to case no. 3468893. Defendant does have the rights to prove the judgment in public. Some court cases are not dragged to the courts but are authenticated in recall. One of such cases is from Pune a rather popular which combined theft, threats and serious crime of harassment. In 2008 a girl Bhakti Naidu daughter of Surendra Naidu (Medical Officer with Pune University  with residence at university accommodation at Pimpri Chinchwad ) stole mobile of her classmate. FIR was lodged after the victim was issued threats from the girl. In the police proceedings all the phone calls between the girl and accused Bhakti were recorded.

 

The girl unaware of the recording in process, admitted that she stole the mobile while also  threatened the victim stating her father has band of goons from University of Pune as he provide employment to the poor. This raises the question over the sectional divide in India and power encrusted in hands of official. The complaint lodger was harassed by people in name of Surendra Naidu. The girl was warned not to disclose anyone about the mobile stealth. But mobiles get stolen daily, was the threat issued necessary which triggered the police proceeding. After the response the girl has been given permission to openly show or post copies of FIR to the public. The case was duly twisted by Bhakti Naidu who claimed her boyfriend Pankaj Singh promised to marry after getting her pregnant but refused to do so. This turned the case into a measure of necessitate rather than crime.  After enquiry it was confirmed that girl used to visit Pankaj Singh’s flat at Aundh Pune . She did not lodge any compliant against the guy who cheated her. Does one case proceeding  intertwined with another case impact the another independent case of stolen mobile? Lawyers from Maharashtra are truss with duality of the case.

 

Srikant More

 
Reply   
 
Advocate

Against Pankaj Singh in favour of Bhakti Naidu  gave a complaint to the police with all the available documents and there are some cognizable and non-bailable offences committed by him and so the police will register FIR and take appropriate action.  If you want to make your case stronger, before filing complaint take the assistance of an experienced criminal lawyer, who will prepare the complaint with precise allegations and particulars of allegations - date, time and place of occurence of offence, so that it will become easy for the police to investigate the case easily and file the proper challan before the designated court.  On the prima-facie it appears that a case under Section 375 ( rape case - a weak case, as there is strong presumption that there is consensual physical relationship),Section 313 (miscarriage - strong case), Section 509 (to insult the modesty of woman - strong case for having your and his other girl friend's nude photographs), cheating etc.

Criminal cases certainly lie against him, but do not assume that by filing these cases you are going to get him as husband.  That will not be possible after filing criminal cases and he is also not worth for it.

There is another thread going on, on similar matter whether such act is rape as per IPC or not and the relief a victim has under those circumstances.  You also go through that thread before forming any opinion.

 
Reply   
 
Lawyer

plaintiff didnot deny the correspondence it amounts to admission an admitted fact need not required to be proved the docment is good evidence can be marked as exhibit so that it can be read in evidence 


Total likes : 1 times

 
Reply   
 
Lawyer

in case of denial, the document can be put to him(plaintiff) at the time of cross examination he has to admit it if he does not deny correspondence. the document ipso facto become admissble in evidence.

another example if the deceased party "A" has signatures over it or if it bears his handwriting

well to prove its contents please refer to the section 47 of evidence act the person who is acquinted with the signatures or handwriting can prove the document of correspondence.

this answer is relevent if correspondence is in writing,


Total likes : 1 times

 
Reply   
 
Associate

Thanks Raghav...

 
Reply   
 

Dear Lawyers and social workers

Who are we to teach morals or meaning of friendship to anyone or Bhakti Naidu? A person who cannot respect her father or mother is not capable of loving anyone. When I saw the mean girls movie, I though it’s about western culture girls who don’t get family values and cultural attributes. But in India we do not come across such inimitable cases. Only this element of the recordings is stodgy. The entire hullabaloo for Bhakti’s fashion fondness (her mini-skirts, boyfriends, parties, tops and model aspirations) in comparison with the other girl who was bit geeky, studious teacher’s pet and debater is different aspect like comparing chalk and cheese. Bhakti is on other hand a consummate western dancer and a fine socialite with presence in parties. There are different types of people with different priorities. Everyone is not a book worm or a nerd. We as a society do have the responsibility to accept all types of packs in our society. It’s all part of their personality penchant, not a discussion for the lawyers forum here. It’s all very inadequate. Yes so the girl lied to her boyfriend that she got campus placement in Symantec to clutch him as he was drifting away. Relationships are not a function of employment or capabilities but reciprocated understanding you share with each other. On basis of glamour or multinational bandwagon one might be able to attract but relationships thrive on our propensity to retain affection and concern. The idea that she was too young that time to understand or get into relationships is also bogus. So the other girl never gave single backlog paper, while Bhakti was getting all backlogs, but is it so important for us to know. Everyone has different capacity and capability to learn and perform. Mumbai Mirror Correspondent

 
Reply   
 

Within decree of law and transmission of permissible recording the girl is openly sharing the telephone recordings. Do come and hear it with your own ears with signed copies of all documents to prove the case. Mobile was stolen on one day, 42 minutes after stealing she started dialing. She called two boys and flirted with them. All the phones were duly traced with the mobile number called, time of the call and duration of each call. After losing the phone the girl had informed the service provider and lodged a complaint of the theft, but Bhakti was unaware and calling all her contacts.

 

Usually its difficult to track phones but in this case , the girl was using the same SIM unwisely. Next day when SIM was blocked by the service provider for making calls, in steep reaction Bhakti called girl’s mom and went on and on about the importance of a mobile phone.

 

Moreover she said that the girl is totally negligent in caring about her things. Other girls keep mobiles safe in their bags but she treats it like trash. Each of the word is clearly there from Bhakti Naidu’s mouth can be heard in the recording. (Bhakti came the given year from some other college to Indira to complete BCA due to academic issues there, she had backlogs in all semesters )

 

So was Bhakti suffering from amnesia....the day she stole mobile she talked to her contacts while next day when SIM provider stops service, in reaction she calls to check at six in the morning to the girl’s mom for clever blame diversion. Irony of the statements & the recordings.

 

In the epic call where Bhaki threatened these words are clearly recorded.

“Mere papa ka na dimaak kiskaa hua hai . agar unhe koi sanak lag jayee toh kisi bhi had tak gir sakte hain. Main kisi ki koi cheez ghar pe dabaa ke rakh bhi loon , toh mere papa mujhe itna mante hain ki woh mujhe kuch nahin kahenge.”” Bhakti Naidu

 

“Hum log alag hai. Mere papa ke deccan mein bahut gunde hain. Raat mein khub drinking ... daru chalti hai. Tu mobile ke bare me mat soch . exam ke liye padh.” Bhakti Naidu

 

“mere papa ki pune university mein bahut chalti hai. Chote log toh kam pe lagwane ke liye unke aage piche ghumte rehte hain”- Bhakti Naidu

 

“Haan main mobile liya tha. Tuh toh meri Pankaj ke saath problem jaanti hain” -Bhakti Naidu

She clearly said on the phone that her father is a “lunatic”, “unprincipled” , “ drunkard “. Can you expect friendship or any honesty from a person who does not respect her father who brought her up with so much love and care. She always complained about her parents, faculty, friends and people. And which sector is “chote log”, aren’t we all equal.The girl whom Bhakti threatened is supporting one of my charities. In another clear recording Bhakti’s mom asked for the police papers. Yes they do have complete right over the criminal charges filed and proved against a person who also created panic by threatening. She comes from a double income well to do family. An auto wala in pune with less than Rs 5000 montly income was recently awarded in pune for returning a bag full of lakhs of cash. children of construction workers top the merit of India's toughest IPS & IAS exams.

Bhakti’s mother said “Aji Rs. 3000 ka toh mobile hai . Aap itna kya kar raheho” Now the price of the girl's dad mobile perchance has depreciated to Rs. 1000. Why did she threaten after stealing? She is from double income well to do family. Don’t consider the hearsay but the proofs signed by Bhakti and stamped by police dept. One media broadcast is sufficient for the mass effect sting action. We can have a recording replay with the said people in presence.

 
Reply   
 

Yes Vinayak is right. A mother does not leave a child when child gets diverted or in depraved course, so we have a society has the responsibility to nurture our children. She clearly disrespected her parents but she is a child who requires finding out about complexities of love, friendship and respect.  Do we all require merit holders but we also must encourage the offbeat career paths such as glamour business, modeling business (billion crores ) and dance choreography , fashion industry. Threatening was wrong on Bhakti’s part. Not everyone has same aptitude to learn and achieve. But a feisty girl, social butterfly with exceptional socialite skill, different dressing and dancing skills must be encouraged as a unique human being with difference.  

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x