FORMAL PROOF
Arvind Singh Chauhan
(Querist) 12 January 2010
This query is : Resolved
Respected seniors,
Please recall me the exact provision or section in which Genuineness of document is admitted as writing on it "Formal proof dispensed with". Sir what is the proper way to write, that in future it may not affect us. I have seen many judgment in which in appeal It bears a adverse affect. Proper word is "Formal proof dispensed with" or " Genuineness of the document is admitted" or " The genuineness of document admitted but facts are denied" ?. What is it's evidentiary value.
N RAMESH.
(Expert) 12 January 2010
I am not able to understand your question.
Arvind Singh Chauhan
(Querist) 12 January 2010
Sir generally in the matter of non compoundable offences, If parties agree to compromise. Statements of Reporter is twisted in the interest of justice. But the documents such as Map, Charge sheet, or medical certificate are admitted through above way to save the time, and other witness such as I.O or doctor are not called. But some time state goes in to appeal and take the benefit of this step.
niranjan
(Expert) 12 January 2010
It is correct that when once you admit the document you are not allowed to agitate again. So in civil practice,when the application is given to the court for exhibiting the document alongwith the affidavit of evidence,the other side advocate is shown the original documents. At that time if you do not want to admit the documents,only write that contents of documents not admitted. As per SC ruling the documents are exhibited,but it is very much advisable that mere exhibiting the documents would not allow dispensing with the proof thereof,and if you do not prove,the documents will not have any evidentary value even though they are exhibited.
Arvind Singh Chauhan
(Querist) 13 January 2010
Niranjan Sir what should we write on the document in criminal case.?
