application was opposed by the petitioner primarily on the ground that unmarked documents cannot be sent for Expert Opinion. The learned Trial Judge allowed ... order passed by the Trial Court indicates that certain unmarked documents were referred to Expert Opinion with reference to Ex.B8. No reliance
arisen before us is
a situation where evidently the unmarked and
unexhibited documents of the case that are being
demanded by the accused had been ... cast some cloud on the issue as to whether the
unmarked and unexhibited documents are a part of the
report under Section
appeals, marking of documents, Exs.P1 to P16
was not followed properly as per the procedures regarding marking of
documents, whereas ... complainant only during trial at the time of defence arguments. The unmarking
documents under Ex.P1 to Ex.P9 were admitted
appeals, marking of documents, Exs.P1 to P16
was not followed properly as per the procedures regarding marking of
documents, whereas ... complainant only during trial at the time of defence arguments. The unmarking
documents under Ex.P1 to Ex.P9 were admitted
Trial Court was not correct in placing reliance on unmarked documents to decide the question of jurisdiction.
7 In the result, the order dated
none of these documents are marked
through evidence of P.W.1 and hence, unless and until
documents ... marked as exhibits in civil proceedings, wherein
court cannot rely upon unmarked documents for appreciation
while disposing of the suit and on the contrary
clear that, the
evidence of Rw-1 is not supported with proper documents. On
23 MVC.No.4208/2014
SCCH-18
the other hand ... alleged car. On perusal of the copy
of said document (unmarked), it shows that, on 20-09-2014 the
owner of the car has obtained
unexhibited and unmarked document dated
22.05.2002 written by management to the Sales Tax Office Ward No.
7 Bikrikar Bhawan, New Delhi.
The letter ... doing a specialized
job, is not expected to carry such documents with him. Such
documents are carried only by a person who is of stature
complainant has not closed the loan account, has not returned blank
signed documents including the cheques and misused the cheque at Ex.P-1
without ... pursuance of I.A. filed by the accused. The
said document remained unmarked. The person calling the other party to
produce a document is bound
HCHP
6
the tenant as a witness to mark the documents i.e.
inspection report, photographs and CD etc. on the ground
that expert ... pleaded that Mr.J.K. Mahendroo expired and
documents could not be exhibited and remained
unmarked because of death of expert. Tenants sought
of
permission