Difference between exhibit and mark documents ...
tdeli
(Querist) 10 May 2012
This query is : Resolved
There are Documents which are Exhibits during the court proceedings and then there are Mark Documents.
What is the diff. between Exhibit Documents and Mark Documents .
Are the Mark Documents also treated in par with the Exhibit Documents in proving your case in the court or do Mark Documents carry less weightage.
Thanks...
R.K Nanda
(Expert) 10 May 2012
Mark documents have no value in evidence and only exhibited documents help to prove case.
Shonee Kapoor
(Expert) 10 May 2012
Rightly stated.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
tdeli
(Querist) 11 May 2012
Then why are these documents been asked by the court and why are they put on the records of the court .
valentine thakkar
(Expert) 11 May 2012
There are certain documents which need not be proved and even copies would be admitted. They are Govt. Documents, sovereign documents. Any other documents even if admitted need to be proved and the other party's objections set at rest. Then only they will be exhibited as evidence in any case. Please also go through the chapter on Documentary Evidence in Indian Evidence Act.
J K Agrawal
(Expert) 12 May 2012
There is no difference between Exhibited document and Marked Document. The both are system to identify a document in a file.
But in practice the Court marks Ex if the document is duly proved and if some thing is asked from a witness about a document which is not legally admissible in evidence the Court or Lawyers do not want to mark that as Ex but they mark it as Mark 1,2,3.
I may submit that under section 3 of evidence act any document placed before the Court for its perusal is under definition of EVIDENCE. it makes no difference whether it is marked as 'EX' or 'Mark' or totally not marked of any type at all. Only requirement is production.
My answer may be tough to understand but after a deep study you may find it correct.
tdeli
(Querist) 12 May 2012
No No not at all tough rather very easily explained ...
In my case, a document was asked by the court to produce and we duly produced the document, which was brought on records of the court but stated as Mark x .
My ques.is can we use this document to prove something which is self explanatory during the course of the arguments or not.
Thanks ...
Adv B.B.Gambhir #9814820602
(Expert) 15 May 2012
No brother, you can not use that document in argument because that document has not been duly proved. as per Order 13 rule 4 read with section 151 CPC- mere exhibiting of document is not sufficient until and unless it is proved by leading cogent evidence so if you want to prove some document, you have to lead evidence about the genuiness of the document. then you can use that document for your own purpose.
tdeli
(Querist) 16 May 2012
The court asked me to find evidence from my records which i duly did and gave to the court-
1.Is this document a mark document.
2.Please what do you mean by lead evidence about the genuiness of the document at the argument stage .
J K Agrawal
(Expert) 16 May 2012
You can well use the document in arguments. This document need not be proved. It is presumed to be proved.
