Exhibit.
Querist :
Anonymous
(Querist) 03 April 2011
This query is : Resolved
It has been said that every documents or eviedness which in writing should be "Exhibit" so can we say that every public documents should also to be exhibit it has been said by my one friend who has completed his LLB course that "Exhibit" process is applicable upto trial process only & not behond that (it means it is not applicable to appeallate side in any court)in any state . He also said that it is not applicable in SLP & any writ petition.
But when i asked him that what do u mean by Exhibit than he has it a mark that documents are genuine so it has been marked or written by the clerk of the court as a Exhibit . If the documents are not Exhibit than it is not admissible in eye's of the Law as per the indian evidence act, 1872.
So pls tell me that my friend is right or worng for the abovementioed inforamtion he has given to about the word "Exhibit"
I was asking these question about exhibit becasue i was regarding the case law of CIT(appeal) in which the word exhibit has been arosed. (CIT (APPEAL) means commissioner of income tax appeal.
So guide me of the above matter "Exhibit"
Guest
(Expert) 03 April 2011
Hope you would not have asked your friend for the reason of such difference.
Anyway, the term "exhibit" is used in cases where evidence has to be recorded with reference to any document,as has to be exhibited, demonstrated or shown to the witness before his evidence is recorded.
In other words, an exhibit is a term used to describe exhibits and other physical forms of evidence used in court to demonstrate, show, depict, inform or teach relevant information to the viewer, may it be in a trial court of law or in any departmental inquiry in employees indiscipline case in various departments of the Government of India or States.
If that s simply attached as a supplement with any document, as a past reference in support of the main document for the information of some authority, that is shown as 'Appendix' or 'Annexure.'
So, it is clear, why it is not applicable in appeals or petitions.
