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Tag: Objections During Witness Cross Examination

Sri Kathi Narsinga Rao Vs Kodi Supriya and Anr on 29 Sep 2016

Posted on November 23, 2020 by ShadesOfKnife

Relying on Bipin Shantilal Panchal here, and properly identifying that certain judgments from Supreme Court have not considered Bipin Panchal, correctly held that, except for Stamp duty and Registration fee, all other objections to any document sought to be introduced during evidence stage have to be parked towards the end of trial and considered then while judgment stage.

From Para 15,

…

Coming to the expression in Shalimar Chemical Works Limited v. Surendra Oil and Dal Mills (Refineries), where it was no doubt observed that admissibility of document held to be decided at the stage of admission by marking, instead of leaving to be decided subsequently. The facts therein were Xerox copy of the trade mark registration certificate (which is in fact the suit document) without production of original even objected by opposite party from the trial Court permitted to mark subject to objection on proof and admissibility held wrong procedure. In fact it was observed that from same is the suit document and no foundation as to what happened to the original to receive as Xerox copy of the suit claim which is the trademark registration certificate, it was observed that lower appellate Court having received the document under Order 41 Rule 27 CPC without exhibit and without opportunity to the other side to rebut the evidence simply relied on it by discussing the same as if admitted in evidence that was found fault. Thereby the expression in Shalimar Chemicals supra confine to the facts for no law laid down of in any case secondary evidence cannot be permitted subject to objection. In fact the earlier expression of the Apex Court in Bipin Shantilal Panchal v. State Of Gujarat particularly Para 12 and Navjot Sandhu @ Afzalguru supra holding any objection (other than on stamp duty and registration) is while marking be kept open for decision finally including on secondary evidence admissibility. Above two expressions of the Apex Court not came for consideration in Shalimar Chemical Supra.

From Para 16,

16. In fact from the expression in Bipin Shantilal there was a direction as guidance to be followed by all Courts while marking documents including on secondary evidence as subject to objections by let open to decide ultimately on the objection while recording the evidence, unless it touches stamp duty and registration to decide instantly. In fact Shalimar Chemicals supra particularly at Para 10 internal Para 20, the expression of the Apex Court in RVE Venkatachala Gounder v. Arulmigu Viswesaraswami and V.P Temple, referred and relied which speaks about objections as to admissibility of documents in evidence may be classified into 2 classes, one is objection that the document which is sought to be proved is inadmissible and the other towards the mode of proof. In the case of objection as to admissibility, it is only a procedural aspect, if not raised while marking, it is not open to raise later including on secondary evidence for as good as primary evidence. Whereas objection as to mode of proof even not raised while marking unless it is proved it cannot be considered in evidence for which there is no waiver, thereby even no objections raised on mode or method of proof there is no waiver to consider document proved or not from objection can be raised on proof at any time but for on the objection as to nature of document for its admissibility if not raised while marking that amounts to waiver.

Finally, from Para 18,

18. From these expressions, even once the certified copy to a certified copy is within the meaning of secondary evidence and any objection to exhibit secondary evidence though in Shalimar Chemicals Supra says to decide instantly for admissibility, from the earlier expressions categorically held directing all courts to follow particularly from Bipin Shanti Lal supra and in Afzal Guru supra that but for objections on stamp duty and registration to decide instantaneously any other objection raised while marking is to record as subject to objection to decide ultimately at the end of trial and not to decide instantaneously and thus against said conclusion arrived by the lower Court, there is nothing to sit in revision against the impugned orders of the lower Court.

 

Sri Kathi Narsinga Rao Vs Kodi Supriya and Anr on 29 Sep 2016

Citations : [2016 SCC ONLINE HYD 346]

Other Sources :

https://indiankanoon.org/doc/115678797/

https://www.casemine.com/judgement/in/58ae76214a9326593c4a168c

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged Bipin Shantilal Panchal Vs State of Gujarat and Anr Objections During Witness Cross Examination Sandeep Pamarati Sri Kathi Narsinga Rao Vs Kodi Supriya and Anr | Leave a comment

Bipin Shantilal Panchal Vs State of Gujarat and Anr on 22 February, 2001

Posted on January 20, 2020 by ShadesOfKnife

In this landmark judgment, Supreme Court of India had formulated the following procedure while questions are put to witness during cross-examination. Also, per 138 Evidence Act, ‘Chief examination and cross-examination must relate to relevant facts, but cross-examination need not be confined to the facts to which the witness testified on his examination-in-chief.‘.

It has been held that, where admissibility of document is objected then the Court should tentatively mark the document as an exhibit and can determine the objections at the last stage in the final judgment. But, while holding so, the Apex Court carved an exception regarding admissibility of a document where objection is based on deficient stamp duty, then the Court has to decide the objection before proceeding further.
In this regard, reliance is placed upon the judgment of the Supreme Court reported in AIR 1966 SC 1631 for the proposition that no act of Court shall harm a litigant and it is the bounden duty of Court to see that if a person is harmed by a mistake of the Court, he should be restored to the position he would have occupied.

Bipin Shantilal Panchal Vs State of Gujarat and Anr on 22 February, 2001

Citations: [2001 ACR SC 1 8], [2001 SCC 3 1], [2001 SUPREME 2 65], [2001 CRILJ 1254], [2001 ALLMR CRI SC 452], [2001 UC 1 471], [2001 PLJR 2 132], [2001 GLH 2 545], [2001 SCR 2 29], [2001 CRLJ SC 1254], [2001 SCC CRI 417], [2001 RCR CRIMINAL 1 859], [2002 LW CRL 1 115], [2001 ELT SC 134 611], [2001 CGLJ 1 366], [2001 ECC 74 287], [2001 RLW SC 1 169], [2001 UJ SC 1 573], [2001 AIR SC 1158], [2001 JT 3 120], [2001 SCALE 2 167], [2001 AIR SC 841], [2001 CRIMES SC 1 288], [2001 GLR 3 168], [2001 OLR 1 428], [2001 ALD CRI 1 548]

Other Source links: https://indiankanoon.org/doc/372318/ or https://www.casemine.com/judgement/in/5609ad94e4b0149711411c07


AP High Court passed a judgment based on this case law here. Recent Bombay High Court judgment is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Bipin Shantilal Panchal Vs State of Gujarat and Anr CrPC 309 - Power to Postpone or Adjourn Proceedings Evidence Act 138 - Cross-examination need not be confined to the facts to which the witness testified on his Examination-in-chief Evidence Act 138 - Order of Examinations Landmark Case Legal Procedure Explained - Interpretation of Statutes Objections During Witness Cross Examination Reportable Judgement or Order Sandeep Pamarati | Leave a comment

Sanjay Vs State of Maharashtra on 13 January 2020

Posted on January 20, 2020 by ShadesOfKnife

Bombay High Court held that, though

the Judge may come to a conclusion that, the question is not relevant at that stage, however possibility cannot be ruled out that the said question may become relevant at the later stage, and therefore, it was requested to the Court that, all the questions be taken and subject to objections the answers be taken and then the relevancy or admissibility of the questions may be later on considered.

…

It was also requested to the learned Judge that, in view of the procedure laid down in Bipin Panchal’s case (Supra) the evidence may be recorded even after the objection is raised so that the Appellate Court should be benefited, if it is found at a later stage that any question was or questions were relevant.

Sanjay Vs State of Maharashtra on 13 January 2020

Citations:

Other Source links: https://indiankanoon.org/doc/84446763/


Supreme Court judgment is here.

Posted in High Court of Bombay Judgment or Order or Notification | Tagged Bipin Shantilal Panchal Vs State of Gujarat and Anr Objections During Witness Cross Examination Sanjay Vs State of Maharashtra | Leave a comment

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