available, the Court cannot, on its own motion, mark an unmarked
document, for which PW-7, the Investigation Officer, had clearly stated that
Though this court has called for the entire records
including the unmarked documents, the court below send
a reply stating that all the available documents
demand of dowry; the Trial Court
ought to have ensured that such documents were marked in
the manner known to law.
10. Therefore, the conclusion ... that the reliance placed upon by
the Trial court on the unmarked documents for acquitting
appellant No.1 was a serious error committed
mean that the documents have been
received in evidence. Receiving the document in Court is different from
receiving documents in evidence. Documents are received ... evidence. Unless they are received in evidence they remain unmarked
documents. That is how, the trial Court has remarked that it should be
received subject
plaintiff and the 4th defendant.
11. The marked and unmarked documents by the 3rd defendant shall be returned to her and the applicant / 4th defendant ... order as to costs.
The Registry is directed to return the unmarked documents. So far as the marked documents are concerned, the same shall
renewed by him subsequently. The
respondent No.2 has produced documents at the time of
arguments which are pertaining to information given by
Yelahanka Traffic ... accident in Yelahanka Traffic
police station does not arise. Thus, those unmarked documents
do not help the respondent No.2 to prove his defence.
SCCH
time of accident. To prove this fact, he has
produced one unmarked document ie., Health Card issued
by HDFC Ergo Insurance ltd., in which date
document not brought to the notice of the Tribunal. Not even in the Review application the said document was produced as a marked document. Only ... crucial document, respondents never bothered to highlight the document marking as an Annexure to the pleadings of the respondents. Therefore, the unmarked document escaped
tangentially with the
question of proof of documents. The reason this assumes some
importance is that the documents are marked on the basis of
testimony ... there is no procedure known to our law for 'unmarking' a document
once marked.
14. I do not think there is any authority
that certain relevant documents are available
with the said suit. The suit was dismissed for default. These documents
remain to unmarked.
3.The learned Rent ... before the learned Rent Controller. He also
submitted that as the documents are unmarked, certified copies cannot be
obtained, but, they are necessary