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AKS MAT (AO)     01 July 2010

Original Documents to Court

I am respondent in Cr.PC 125 . I have 3 very important documents signed by the Petitioner which will falsify her claims . Case is fixed for arguments . To prove my point , I may have to keep these documents on record . The Petitioner is a very influential person and I fear that if I place the originals on record , those may be removed from the record . Those may be kept by court for verification of petitioner's signatures which she is denying . How to secure my original documents in court ? please advice .


 13 Replies

shrikant chede (law officer)     01 July 2010

keep notorise copy

1 Like

AKS MAT (AO)     01 July 2010

can I submit certified photostat copies with list of documents instead of originals ?

Can I place my apprehension before the court ? if yes , then how ?

Ravikant Soni (LAWYER IN JAIPUR)     01 July 2010

First produce original copies. Then apply for certified copies in two sets. Then submitting the certified you may apply to the court to return original in lieu of placing certified on record.

1 Like

AKS MAT (AO)     01 July 2010

  1. when do I apply for certified copies - immediately at time of submission or after a few days ?
  2. will it be alright to keep notorised copies with me ?
  3. should I place my apprehension before the court ?


Ravikant Soni (LAWYER IN JAIPUR)     01 July 2010

Answer to the first question: Simultaneously with the submission of documents.

Second:  keeping notorised copies with you is your consideration, there is no need?

Third : No need to place apprehension before the court.

1 Like

valentine (Advocate)     04 July 2010

Extremely helpful. However, in our courts even judges advise not to place Originals as they may get lost. At the stage of evidence, while giving exhibit Nos., the originals are shown to the person in the witness box and that's good enough for the court. Some original documents are required for verification.

Again, I am of the opinion that notorised copy may serve the purpose of Original. Please correct me if I am wrong.

G.G.Shaikh Advocate M:9898038990 (lawyer)     04 July 2010

it is very important ot produce in the court for defance , after produceing that document you have to get certified copy  from office of court by manage with the staff.

Ravikant Soni (LAWYER IN JAIPUR)     04 July 2010

In my view notarized copies are not admissible as primary evidence..

Anil Agrawal (Retired)     17 July 2010

Recently, it was found that cases containing all original documents/reports etc. of 50 notorious criminals in UP (read politicians and MLAs facing murder charges also) and filed 25 years ago have disappeared without a trace both from the police stations and the courts. 

Why should courts take original documents on record? Why not verify xerox copies and return the original to the complainant/respondent?

is there a design in this?

Bhartiya No. 1 (Nationalist)     17 July 2010

Yes court should return the document after verification. Otherwise, for any loss,  mutilation, damage etc, who will be responsible.

valentine (Advocate)     18 July 2010

In the treasury and Municipal records, records in the collector's office all these have a certain time limit for preserving the documents. After such time and date records keepers are not answerable. Besides some critical documents like disablement certificate from the doctor, ration card etc. are required for different purposes and they cannot be kept with the court for a longer time. Therefore, in many cases court takes a practical approach. In case of Sec.138 NI Act where there is a question whether the complaint can be filed in the name of a particular person, the same can be kept in abeyance and the case may proceed further. I had faced such a situation in one of the cases when I raised the question about authorisation/deputation of such a person to sign the complaint and the judge opined that could be looked into later on and authorisation could be got later on also as the same is at the discretion of the court.

valentine (Advocate)     21 July 2010

Please read AIR 2003 Supreme Court  Page No. 4548. Once the photocopies submitted and not objected to at that time, the same cannot be objected to later on simply on the ground that since the originals were not submitted, photocopies cannot be taken into evidence. 

Dear Sirs it is becoming more and more interesting and all this put together add to our knowledge and would certainly help in our cases. Please correct and add further to the topic because this is a very interesting topic which we have to face daily in different courts while dealing civil/criminal/consumer/accident claims etc. cases.

Anil Agrawal (Retired)     21 July 2010

Request names of parties in the above quoted judgement. It will help downloading the judgement.


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