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(Guest)

Difference between MARKED and EXHIBIT

Learned advocates, 

In a civil case of mine... I happen to be the plaintiff... Issues were framed by honourable lower court..... To which we produced the necessary ORIGINAL documents along with necessary written explanations on oath...

However judge without any objection from defendant side gave the said ORIGINAL documents MARKS and not exhibits... 

1) My question is can the judge do so.... Under what section?? 

2) Does it make any difference between Mark and Exhibit?? 

3) At the time of cross examination of plaintiff, can the defendant rely on the said MARKED documents?? 

4) At the time of final arguments can i rely on my MARKED documents?? 
5) what can be done to make them exhibited?


Learning

 5 Replies

Sachin (N.A)     31 December 2017

Originally posted by : jainishlalcheta@gmail.com
Learned advocates, In a civil case of mine... I happen to be the plaintiff... Issues were framed by honourable lower court..... To which we produced the necessary ORIGINAL documents along with necessary written explanations on oath...However judge without any objection from defendant side gave the said ORIGINAL documents MARKS and not exhibits... 1) My question is can the judge do so.... Under what section?? 2) Does it make any difference between Mark and Exhibit?? 3) At the time of cross examination of plaintiff, can the defendant rely on the said MARKED documents?? 4) At the time of final arguments can i rely on my MARKED documents?? 5) what can be done to make them exhibited?

 

Marked documents have no value in evidence, Exhibits are requrired to prove the case. Yes  defendent can rely on marked doucments.

Sachin (N.A)     31 December 2017

The documents filed and marked in a case have to be proved in regard to the Indian Evidence Act so that the contents of the said documents can be taken an evidence. By merely marking the documents by consent, the Court is not obliged to look into the contents unless those documents are formally proved in accordance with the provisions of the Indian Evidence Act.


(Guest)
what can be done to make them exhibited? 

Sachin (N.A)     31 December 2017

Originally posted by : jainishlalcheta@gmail.com
what can be done to make them exhibited? 

 

 

During deposition of statement or at the time of cross-examination, documents can be exhibit in court

 

2 Like

Siddharth Srivastava (Advocate)     31 December 2017

Consult Evidence Act. This is not the platform for acedmic queries. 


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