Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Document

Thursday, November 01, 2012

Document — Where a document is sued upon and its terms are not set out in the plaint but referred to in the plaint, the said document gets incorporated by reference in the plaint.

Thursday, March 31, 2011

Document — Whether can be exhibited where no one has come forwards to prove it? — Held, no.

Tuesday, March 23, 2010

Document — Mere admission of document in evidence does not amount to its proof — In other words, mere marking of exhibit on a document does not dispense with its proof, which is required to be done in accordance with law.


Document — Under the Law of Evidence, it is necessary that contents of documents are required to be proved either by primary or by secondary evidence — At the most, admission of documents may amount to admission of contents but not its truth — Documents having not been produced and marked as required under the Evidence Act cannot be relied upon by the Court — Contents of the document cannot be proved by merely filing in a court.

Sunday, February 28, 2010

Document — Examination of — Held, the nature of examination of a document may differ with reference to the context in which it is examined — If a document is examined to find out whether adequate stamp duty has been paid under the Stamp Act, it will not be necessary to examine whether it is validly executed or whether it is fraudulent or forged — On the other hand, if a document is being examined in a criminal case in the context of whether an offence of forgery has been committed, the question for examination will be whether it is forged or fraudulent, and the issue of stamp duty or registration will be irrelevant — But if the document is sought to be produced and relied upon in a civil suit, in addition to the question whether it is genuine, or forged, the question whether it is compulsorily registrable or not, and the question whether it bears the proper stamp duty, will become relevant — If the document is examined in the context of a dispute between the parties to the document, the nature of examination will be to find out that rights and obligation of one party vis-à-vis the other party — If in a summary proceedings by a consumer against a service provider, the insurer is added as a co-complainant or if the insurer represents the consumer as a power of attorney, there is no need to examine the nature of rights inter-se between the consumer and his insurer — When the complaint is by the consignor–consumer, with or without the insurer as a co-complainant, the service provider cannot require the consumer forum to consider the nature of relationship between the assured and the insurer or the nature and true purport of the document produced as a letter of subrogation — A wrong-doer cannot sidetrack the issue before the consumer forum — Once the ‘consumer’, that is the assured, is the complainant, the complaint will be maintainable subject to fulfillment of the requirements of the Act — Consumer Protection Act, 1986, Section 2(b) and Section 2(c).

Friday, June 12, 2009

Document — In Dasondha Singh and Others v. Zalam Singh and Others [1997(1) P.L.R. 735] that an objection as to the admissibility and mode of proof of a document must be taken at the trial before it is received in evidence and marked as an exhibit.

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