Therefore, the medical opinion pointing to alternative possibilities was not accepted as conclusive. To view all formatting for this article (eg, tables, footnotes), please access the original, Corporate social responsibility funding in India, Interpreting Order VII, Rule 11 of the Civil Procedure Code, 1908, Impounding of a Passport- A legal understanding, Legal Requirements Mandatory For Setting Up Cosmetic Business In India, Understanding of Mutation of Property in India, Checklist: Drafting internal privacy policies and procedures (USA), Checklist: What to include in your organisations privacy notice (UK), Checklist: Customer due diligence (CDD) obligations under the Money Laundering Regulations (UK). Who can impound? impounding+of+document - Results [1 to 10] - LawMirror.com Online Legal Examination and impounding of instruments - Central Board of Direct Taxes Presumption as to electronic agreements, Sec. It is also made clear that if the document is relevant for the purpose of throwing light on the matter in dispute, though it might not be admissible in evidence, it can be put to discovery under rule 12. (b) Factual foundation to give secondary evidence must be established. At whatstage is this objection required to be decided? We can rely on Sec. Section 156 of the Evidence Act reads as under: The requirement of corroboration in certain cases is described by our Apex Court as under in Khema @ Khem Chandra v. The State of Uttar Pradesh, AIR 2022 SC 3765, as under: Substantive Evidence and Evidence used for Refreshing Memory. Referring relevant provisions of Himachal Land Revenue Act, 1954 and Sec. Change). of the Evidence Act lays down exceptions to this rule. ::(2000) 7 Scale 724 Court should allow to adduce proper evidence to prove documents. Presumption Facts Inferred from Other Proved Facts. Who did what to whom? Endorsements on documents admitted in evidence. It is clear from our Apex Court decision in Lachhmi Narain Singh v. Sarjug Singh, AIR 2021 SC 3873, which lays down as under: Discovery of Documents under O. XI r. 12 CPC and Question of Inadmissibility. his evidence can be said to be neither wholly reliable nor wholly unreliable. It was held as under: In State of Haryana v. Bhagirath, (1999) 5 SCC 96, the Supreme Court held as under: The blood group on the dress of the accused and the dress of the deceased matched. It is heldas under: In Vimal Chand Ghevarchand Jain v. Ramakant Eknath Jajoo, (2009) 5 SCC 713, it is held as under: The Apex Court observed in Bhagat Ram v. Suresh, AIR 2004 SC 43 as under: Sec. the date, hour and place of presentation of the document for registration : the signature and addition of every person admitting the execution of the document, and, if such execution has been admitted by the representative, assign or agent of any person, the signature and addition of such representative, assign or agent; the signature and addition of every person examined in reference to such document under any or the provisions of this Act, and. The court's ability to exercise their jurisdiction under the Act would be limited if they awaited the conclusion of the opinion adjudication, and the goals of justice would not be served. When document produced or comes before the court in performance of its functions. In Solanki Chimanbhai Ukabhai v. State of Gujarat, (1983) 2 SCC 174, it was held that the evidence of eyewitnesses should be preferred unless the medical evidence completely rules it out. The court relied on Section 11(13) of the Act, which was added by the Amendment Act and states that an application filed under Section 11 must be resolved within sixty days of the date of delivery of notice to the opposing party. Hence, court cannot ignore the objection of the opposite party raised in cross examination. If the witness denies such previous statement it can be proved, subsequently (for impeaching the credit of the witness). When the document is produced or comes before the Court in performance of its functions. 79 to 90A or presumptions (general) under Sec. Contents in nutshell. Validity of GPA, Agreement to Sell transactions after Suraj LampDecision. CHAPTER III of the Indian Evidence Act (Section 56 to 58) lays down Facts Which Need Not Be Proved. The Supreme Court had said in Harihar Prasad Singh v. Must. The purpose of invoking sec. The law is amazing; its beautiful; truly one of its kind, The legislature was competent, , Every trial is a voyage of discoveryin which truth is the ultimate quest. Suman W/O Suresh Palankar, vs Vinayaka S/O Nagappa Palankar, on 14 The (previous) writing must be of that witness himself. The court referred to an earlier decision, Indian Overseas Bank v. Triokal Textile Industries, AIR 2007 Bom 24 where it was held that it was always open to the party to lead secondary evidence before the Trial Court recording evidence or hearing the matter without having to file such an application. Presumption underSection 114llustration (e) Evidence Act. 3. In Rameshwar Dayal v. State of U.P., AIR 1978 SC 1558, referring to Inquest Report, Site Plans etc., it is held by the Supreme Court, as follows: Documents used for Contradicting Witnesses. At this stage the opposite party may not have a role to object. Sanjivani Non-Ferrous Trading: AIR 2019 SC 203.). Whether Criminal court can impound insufficiently stamped document? any right, title or interest in immovable property of the value of one hundred rupees and upwards. Effect of Marking Documents Without Objection. It is held in Prem Singh v. Birbal, AIR 2006 SC 3608, as under: No doubt, there is a presumption on registration. If the document is found to be duly stamped, or if the deficit stamp duty and penalty is paid, either before the Court or before the Collector (as contemplated in Section 35 or 40 of . Saha and Sons Private Limited, it appears that the observation of the Karnataka High Court in Nanda Behera v. Akhsaya Kumar Behera, 2017AIR (CC) 1893, that once the Court, rightly or wrongly, decides to admit the documents in evidence, so far as the parties are concerned, the matter is closed, isnot applicable to unregistered(compulsorily registrable)documents. If a document liable to be objected onmode or manner of proof, is allowed to be marked, or no objection is raised at that proper time, subsequent cross examination is of no use. It was observed by the Supreme Court in 2001 in Bipin Shantilal Panchal v. State of Gujarat, AIR 2001 SC 1158, that that it is an archaic practice that during the evidence collecting stage, whenever any objection is raised regarding admissibility of any material in evidence the court does not proceed further without passing order on such objection. Many of these are available on IndianKanoon, but not all. Court is under an obligation to exclude inadmissible materials. Sec. 22.3. Doctor or Commissioner can refresh memory (Sec. .. 19. ::(2001) 1 RecCivR 406 Become your target audiences go-to resource for todays hottest topics. From the principles laid down in the various decisions of this Court and the High Courts, as referred to here-in-above, it is evident that : Such unregistered document can howeverbe used as an evidence of, Sec. (Para 5) In Ramji Dayawala Vs. Q. When a court is considering a Section 11 application and discovers that the contract is unstamped, the court is obligated by the Stamp Act's requirements to first impound the contract and ensure that stamp duty and penalty (if any) be paid before the agreement as a whole may be acted upon. Shaffi Vs. K.M. 163, as under: It is noteworthy that Order XI rule 15 and Order XII rule 8 are the provisions in the CPC to give notice to the other party to produce documents (for inspection and show court, respectively). 114, Evid. Even if the document or the contradicting part is marked, and it is proved, for the purpose of contradicting him, it cannot be read in evidence (as the purpose of this provision is only impeaching the credit of the witness). I raised objection under Registration Act and Stamp duty hence the said . Narbada Devi Gupta v. Birendra Kumar Jaiswal (2003-8 SCC 745) held: If truth is in issue, or in dispute, marking without objection by itself does not absolve the duty to prove the truth as to the contents of the documents. But the result of such appreciation must stem from prudence, reasonableness and intelligence of the Court. But in case where 3 months have already expired from the date of execution of the documents and latter on the document is produced before the Court as evidence, it is permissible for the Court to impound document and collect the stamp duty and penalty and in such a situation, t. AIR 2001 SUPREME COURT 358 114 Evidence Act (that judicial and official acts have been regularly performed), no certificate can be taken as proved unless its contents are proved in a formal manner. It is observed by the Bombay High Court (2017) in Shri. 12. Supreme Court on impounding ofpassports.. Before it is submitted into evidence, it can be healed at any time. If the document is sought to be used as evidence beyond three months, the above said bar of three months shall not apply, and the document can be impounded under S. 33 and stamp duty and penalty are levied, even after expiry of three months. 413 (DB); State v. Rakshpal Singh, AIR 1953 All. ], 13. Section 163 of the Evidence Act, reads as under: It is observed in Government of Bengal v. Santiram Mondal, AIR 1930 Cal 370, with respect to a document used under Sec. Once a document has been. Rajesh Mohan, IPS, Haryana Cadre (follow him on twitter here!) Former statements of witness may be proved to corroborate later testimony as to same fact. 33. Legality of unstamped agreement - Lexology Bond: 2(5) of the Indian Stamp Act, 1899. Court is said to be the expert of experts. ::2001 (2) RecCivR 45 34. His argument is that ordinarily a document impounded under, Section 33 of the Act should be sent by the Court so impounding it to the Deputy Commissioner under the provisions of Sub-section (2) of Section 38 of the Stamp Act unless the Court which impounded the instrument admitted such instrument in evidence, in which event, it could do so on . When can a document be impounded? Admission of contents & it dispenses with proof. ::(2001) 1 ICC 722 From the aforesaid statutory provisions and the decisions, it is clear that a duty is cast upon every judge to examine every document, which is produced or comes before him in the performance of his functions. Vijay Sharma vs Vivek Makhija And Anr on 4 April, 2019. Act and Presumption in Evid. Shaffi, AIR 2004 SC 4082: (2004) 7 SCC 107 took a contra view. In Chinnapareddigari Pedda Muthyalareddy v. Chinnappareddigari Venkatareddy, AIR 1969 AP 242, unregistered partition lists were drawn up showing the properties allotted to the respective sharers. This was because ASCI guidelines are only advisory/persuasive , The power of a court to compound an offence u/s 320 CrPC is different from the power of the High Court to quash a criminal proceeding u/s 482 CrPC. The knowledge of men and matters of the Court would be crucial. 35 of the Evidence Act reads as under: Under S. 114, Illustration (e) for Judicial and official acts there is presumption as to regularity. Dont , 1. In the case of S.B.P. This is no doubt a very unfortunate tendency. Section 294 of Code of Criminal Procedure reads as follows: Who Should Object FIRSTCourt or Opposite Side? There is divergence of judicial opinion as to saying NO by court to marking a document with formal defect, beforehand it is objected by the other side. 6. 35of the Indian Evidence Act, 1872, it is held in Partap Singh v. Shiv Ram: AIR 2020 SC 1382, thatRecord-of-rights (Revenue document) carries the presumption of correctness. Courts adjudicate the issues before it based on substantive evidence. PROOF OF DOCUMENTS & OBJECTIONS TO ADMISSIBILITY - How & When? Birth during marriage, conclusive proof of legitimacy. Can the Administrator of a WhatsApp Group be Held Liable for ObjectionablePosts? (LogOut/ Adjudication as to Proper Stamp under Stamp Act My favourite books and authors. In Life Insurance Corporation of India and Anr. Here also primacy is given to ocular evidence if it is found credible by the court, especially when the ocular evidence is supported by the wound certificate or post-mortem report. (But not for long lest people start suspecting your sanity!). Storytelling is key. Presumption as to collections of laws and reports of decisions, Sec. Some thoughts on the distinction between a mere breach of contract and offence ofcheating. In presumption, a fact otherwise doubtful may be inferred from certain other proved facts. For such impounding and assessment of deficit duty and penalty, no time limitation (similar to S. 23 and 25 of the Registration Act), is prescribed. It goes without saying that the pedantic approach in the latter propositions will adorn only over-scrupulous judges. 35. Global, no such distinction was made, and the SCI's reliance on it appears to be misplaced. 65of the Evd. before it is allowed entry into the sanctum. Mortgage deed: section 59 of the T P Act. Several propositions are seen raised. Anita Beri: 2015AIR(SCW) 6271]. Hence, there is a need for diligence on the part of the Court having regard to the statutory obligation under Section 33 of the Karnataka Stamp Act. (Over 70% of all cases pending at the trial court level are criminal . Impugned Documents Definition | Law Insider Certificate, prepared on the basis of other documents. They are: Production of documents in court Admission and exhibition Proof (or truth of contents). In Narbada Devi Gupta v. Birendra Kumar Jaiswal, AIR 2004 SC 175, it is held as under: In Kaliya Vs. State of Madhya Pradesh (2013-10 SCC 758) it is held as under: Dibakar Behera v. Padmabati Behera, AIR 2008 Ori 92, it is observed [referring RVE Venkatachala Gounder Vs. Arulmigu Viswesaraswami, AIR 2003 SC 4548, Dayamati Bai Vs. K.M. 33 or 35 are, Once a document has been marked as an exhibit in the case and has been used by the parties in examination and cross examination of their witnesses, Section36 of the Stamp Actwill come into operation. (ii) Whether, in light of Section 11 (6A) of the Arbitration and Conciliation Act, 1996, inserted by the Act. 5 and 136 of the Evidence Act stipulate that evidence can be given only on facts in issue or relevant facts. The unstamped (or inadequately stamped) document becomes admissible on payment of penalty under Stamp Act or on payment of the stamp duty after impounding. Bail application filed by the accused on 03.10.2013 on the ground that he is entitled to , The purpose of re-examination is clear from the bare language of Section 138 of the Evidence Act. Production connotes voluntary production or in pursuance of a Court order (e.g. In Bellachi v. Pakeeran, AIR 2009 SC 3293, also it is a observed that aregistered document carries with it a presumptionthat it was executedin accordance with law. Improperly Stamped Arbitral Awards: When Can Courts Interfere? Karnataka High Court pointed out in Nanda Behera v. Akhsaya Kumar Behera, 2017AIR (CC) 1893, that once the Court, rightly or wrongly, decides to admit the documents in evidence, so far as the parties are concerned, the matter is closed. Illustration s (a) A is tried for the murder of B by beating him with a club with the intention of causing his death. If no objection for other side, Court cannot refrain from marking a document on its own volition (on the ground of formal defect). A document to be used in court has to pass through three steps. In several cases it may be unusual that no direct evidence comes forth; for example, sexual offences, conspiracy, etc. However, as held inGarware Wall Ropes Ltd v. Coastal Marine Construction & Engineering Ltd2019 SCC OnLine SC 515,the view taken by the Full Bench of High Court of Bombay inGautam Landascapes(supra) does not apply to a petition under Section 11 of the ACA. We may remember that Section 112 of the Evidence Act was enacted at a time when the modern scientific advancement and DNA test were not even in contemplation of the Legislature. Following documents are required by law to be attested by two or more attesting witnesses. Such unregistered document can however be used as an evidence of collateral purpose as provided in the Proviso to section 49 of the Registration Act. (17) At a minimum, respondents must be able to show, if not the exact amount of stamp duty, what the agreement purports to do which would attract stamp duty and under what particular provision of . The evidence/proof of contents of document may be given by proving circumstances for the same or by invoking presumption also. (1) All laws in force in the territory of India; (2) All public Acts passed or hereafter to be passed by Parliament of the United Kingdom, and all local and personal Acts directed by Parliament of the United Kingdom to be judicially noticed; (3) Articles of War for the Indian Army, Navy or Air Force; (4) The course of proceeding of Parliament of the United Kingdom, of the Constituent Assembly of India, of Parliament and of the legislatures established under any laws for the time being in force in a Province or in the States; (5) The accession and the sign manual of the Sovereign for the time being of the United Kingdom of Great Britain and Ireland; (6) All seals of which English Courts take judicial notice: the seals of all the Courts in India and of all Courts out of India established by the authority of the Central Government or the Crown Representative]; the seals of Courts of Admiralty and Maritime Jurisdiction and of Notaries Public, and all seals which any person is authorized to use by the Constitution or an Act of Parliament of the United Kingdom or an Act or Regulation having the force of law in India; (7) The accession to office, names, titles, functions, and signatures of the persons filling for the time being any public office in any State, if the fact of their appointment to such office is notified in any Official Gazette; (8) The existence, title and national flag of every State or Sovereign recognized by the Government of India; (9) The divisions of time, the geographical divisions of the world, and public festivals, fasts and holidays notified in the Official Gazette; (10) The territories under the dominion of the Government of India; (11) The commencement, continuance and termination of hostilities between the Government of India and any other State or body of persons; (12) The names of the members and officers of the Court, and of their deputies and subordinate offices and assistants, and also of all officers acting in execution of its process, and of all advocates, attorneys, proctors, vakils, pleaders and other persons authorized by law to appear or act before it; (13) The rule of the road on land or at sea.In all these cases, and also on all matters of public history, literature, science or art, the Court may resort for its aid to appropriate books or documents of reference. It is well-settled law that there is a presumption of a registered document being, [See: Kaliya Vs. State of MP: 2013 10 SCC 758; Rakesh Mohindra Vs. Anita Beri: 2015 AIR-SCW- 6271]. (LogOut/ Sec. insufficiently+stamped+document | Indian Case Law - CaseMine Stamp Act (2 of 1899) , S.33, S.18, S.32 Impounding of document - Unstamped power of attorney executed outside India - Produced in evidence in proceedings before Supreme Court after expiry of three months from date of execution - Court can impound document and collect stamp duty and penalty. Only original can be impounded, to my limited knowledge. The yardsticks of a reasonably prudent mind have to be accepted. But there is a creative element in how you present those facts. Chintalapudi Annapurnamma & Anr. v. Andukuri Punnayya Sastry - CaseMine The power of impounding a document is to collect stamp duty and penalty whenever there is an escape of duty. It is on the principle that the scientific evidence alwaysrenders an opinion or possibility only. Many times, it is difficult to identify which of these check posts is required to be passed first, which to be passed next and which to be passed later. As gleaned fromChilakuri Gangulappa v. RDO, Madanpalle and Ors. The High Court observed in Writ Petition as under: Impounding of Documents When Produced or When Exhibited. In view of the foregoing discussion, it is clear that plea regarding mode of proof cannot be permitted to be taken at the. 1. Sec. 156. 84. Presumption as to electronic records and electronic signatures, Sec. ::(2000) 7 Scale 670, Please enter a valid 10 digit mobile number. (LogOut/ When so recast, the practice which can be a better substitute is this:Whenever an objection is raised during evidence taking stage regarding the admissibility of any material or item of oral evidence the trial Court can make a note of such objection and mark the objected document tentatively as an exhibit in the case (or record the objected part of the oral evidence) subject to such objections to be decided at the last stage in the final judgment. Insufficiency of Stamp: Sec. Sec. Any person authorized to receive evidence either by law or by the consent of the parties; Includes a Court. : Warrants cannot be issued against a person to compel him to produce a document for the purposes of impounding of the same). v. State of Orissa.AIR 1987 SC 1507). Interest of justice is best served by ascertaining the truth and the court should be furnished with the best available science and may not be left to bank upon presumptions, unless science has no answer to the facts in issue. Explain each incriminating evidence specifically and clearly. Law in 100 Words | Part 10 | Section 313 of the CrPC | Guest Post by Adv. Presumptions in General, including that on documents made in thecourse of business and official and judicial acts. Mere marking not dispense with proof (of truth of contents). The pendency of cases results in delays , With great (social media) influence comes great responsibility. It reads: 138: Order of Examination Witnesses shall be first examined-in chief then (if the adverse party so desires) cross-examined, then (if the party calling him so desires) re-examined. 80. Pankajakshan Nair v. Shylaja: ILR 2017-1 Ker 951; Dundappa v. Subhash Bhimagouda Patil: 2017-3 AIR(Kar)(R) 570; Savithramma R. C. v. Vijaya Bank; AIR 2015 Kar 175; Jayalakshmamma v. Radhika: 2015 4 KarLJ 545; K. Amarnath v. Smt. When can a document be impounded? (v) Referring to section 33 of the Maharashtra , 1958 it is submitted that, it is a restriction on the power of the Court exercising jurisdiction even under , as unless there . Read in this cluster (Click on the topic): Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. The principle is that an official record, kept by a person, upon whom there is a, Where Sec. The High Court relied on Javer Chand v. Pukhraj Surana, AIR 1961 SC 1655 (question as to admissibilityon theground that it has not been stamped), which held that once a document had been marked as an exhibit in a case and the trial had proceeded all along on the footing that the document was an exhibit in the case and had been used by the parties in examination and cross-examination of their witnesses, it was not open either to the trial court itself or to a court of appeal or revision to go behind that order. Generally speaking, oral testimony in this context may be classified into three categories, namely: Neither wholly reliable nor wholly unreliable. Vs. Ram Pal Singh Bisen [2010-4 SCC 491],it is observed as under: The Calcutta High Court quoting Life Insurance Corporation of India Vs. Ram Pal Singh Bisen [2010-4 SCC 491] it is observed in Bajaj Allianz General Insurance Company Vs.Smt. Understand your clients strategies and the most pressing issues they are facing. It was held that the object of Section 33 of the Stamp Act is to safeguard the revenue. Section 36 tells us that . 145, A Certificate is not Per Se Admissible. 2. In the first category of proof, the court should have no difficulty in coming to its conclusion either way it may convict or may acquit on the testimony of a single witness, if it is found to be above reproach or suspicion of interestedness, incompetence or subornation.
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