In the context of civil procedure and the law of evidence, consider the following statements: (a)…
In R.V.E. Venkatachala Gounder v. Arulmigu Viswesaraswami (2003) the Supreme Court held that an objection to the mode of proof of an otherwise admissible document must be…
Choose your answer
In the context of civil procedure and the law of evidence, consider the following statements:
(a) Objection relating to deficit stamp duty must be decided before exhibiting the document.
(b) Objection relating to the mode of proof of a document, of which admissibility is not in dispute, may be raised for the first time after the document has been exhibited.
(c) Objection that a document is in itself inadmissible cannot be raised after the document has been exhibited.
Choose the correct option in respect of the above statements.
Answer and explanation
Correct answer B
In R.V.E. Venkatachala Gounder v. Arulmigu Viswesaraswami (2003) the Supreme Court held that an objection to the mode of proof of an otherwise admissible document must be taken when the document is tendered and cannot be raised for the first time once it has been admitted and marked as an exhibit, whereas an objection that the document is inadmissible in itself remains available later, even in appeal or revision. In Bipin Shantilal Panchal v. State of Gujarat (2001) the Court allowed a trial court to mark an objected document tentatively as an exhibit and decide the objection in the final judgment, but required an objection about deficient stamp duty to be decided before proceeding further. Statement (a) is therefore correct, while (b) and (c) are wrong, so "(b) and (c) are incorrect".
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