At what stage the objection for the admissibity of document can be made?
Raj
(Querist) 04 February 2015
This query is : Resolved
Sir,
my brother FIL has filed the fake dowry lits which is elf prepared and police has filed it along with chragehseet and now placed before the court records..the charges has been framed u/s 498-A/406 IPC.Now my query is that list is fake at what stage I can made application u/s 61 & 64 challenging the genuinity of document?
The P.E has not been started
shall WE move the objection or wiat for the PE to be completed??
Devajyoti Barman
(Expert) 04 February 2015
Raise objection during trial only when the documents will be sought to be exhibitted.
Rajendra K Goyal
(Expert) 04 February 2015
Agree with the expert Devajyoti Barman.
Raj
(Querist) 04 February 2015
Sorry for bothering once agin..The contents of one judgment of venkatchala reproduced here para 20
"When the objection pertains to the mode of proof, it should be raised before the
evidence is tendered. Once the document is exhibited, objection to its mode of
proof can’t be raised at subsequent stage. It’s a rule of fair play.
· The omission to make such objection is fatal because by his failure the party
entitled to object allows the opposite party to presume that he’s not serious about
the mode of proof."
why I am concerned about this..as documentary evidence given by his signed list was never prepared by him during time of marraige claiming exorbidant gold ..if he marked the list with exhbit which means we cannot challenged the mode of his proof later on??
please guide in thsi regard
Devajyoti Barman
(Expert) 05 February 2015
You are already advised and the decision cited above does not go against the advice given above.
T. Kalaiselvan, Advocate
(Expert) 05 February 2015
expert Mr. Barman has advised you very properly that the objections can be raised while marking the exhibits at the time of trial and your citation too concludes his opinion, what else is your query?
Dr J C Vashista
(Expert) 06 February 2015
I have similar opinion as advised by expert Mr. Barman.
