Evidence is exhibited on the grounds of 'subject to admissibility'.
Sonia Prabhu
(Querist) 04 May 2012
This query is : Resolved
Can anyone please guide me with the meaning of :
evidence is exhibited on the grounds of 'SUBJECT TO ADMISSIBILITY'.
And kindly guide me with the process that will follow when:
an evidence is exhibited on the grounds of 'SUBJECT TO ADMISSIBILITY'.
Can I use these exhibits under these conditions for the final argument ?
Adv.R.P.Chugh
(Expert) 04 May 2012
Dear Querist,
Earlier what used to normally happen was that in a case where there is doubt/objection as to the admissibility of a particular piece of evidence - the judge used to hear and decide objection then and there. This led to protraction of trial, and if judge erroneously held some evidence as inadmissible (and did not exhibit it) something that was later found out to be admissible at appellate stage, that necessitated the remanding of trial for recording of that evidence, because it never came onto the record.
To correct this injudicious practice - by virtue of some rulings - the ideal practice now is to recieve the evidence notwithstanding the objections - though 'Subject to Admissibility' and then if the judge later on arguments finds it to be admissible it may rely on the same, if it is inadmissible it may be eschewed from consideration, it forming part of the record all the time, so that even appellate court may have benefit of having a look at the same.
ajay sethi
(Expert) 04 May 2012
the issue as to whether these documents are admissible or not will be decided at later stage .
the author of document has to by means of examination in chief prove a document . it may be that you have examined some other witness and not the author .
hence issue whether document is admissible or not has to be decided
R.K Nanda
(Expert) 04 May 2012
Yes, you can use these exhibits for final
arguments.
Sonia Prabhu
(Querist) 04 May 2012
I thank all the experts for your guidance and prompt reply.
Adv Bharat Chugh thanks for the detailed explanation.
Shonee Kapoor
(Expert) 06 May 2012
Never mention.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
