• Marking documents

In a judgement some evidence was Marked.
A what this mean
B what it's implication considering that this is in the judgement
Asked 7 years ago in Civil Law

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19 Answers

The judgement has been passed after considering all the facts and merits which includes the documentary evidences.

This is what you refer to as evidence that have been marked during trial proceedings.

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that you are little confuse about the judgment reading and it’s source of availability.
  2. Whatever is there, in the judgment is wholly valid, irrespective of the fact as to whether something came later in the case or before.
  3. What matter is, what is he final conclusion over the point of its validity (statement in the judgment).
  4. You just need to rely upon it as it is, and make sure that you get the copy of the reportable judgment from a secure source to give the right impression before the judge.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

These are evidences who check were relied to come to a conclusion on the basis of which this judgement has come

Mayank Sapre
Advocate, New Delhi
256 Answers

I need to see the document to know what is this marking for, only then will i be able to assist you.

Mayank Sapre
Advocate, New Delhi
256 Answers

The documents if admitted as evidence during trial, then they are legally valid documentary evidence 

There can be no dispute about it.

 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

The evidence if admitted by court as valid then it may reflect in the judgment.

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

a. Marked evidence means they have been considered for delivering the judgement.  In appeal revision these evidence would be primarily evaluated by the appeallant court.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes marked evidence are considered as valid evidence the documentary and oral evidence in judgement ate separately marked.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Sir case is closed meaning there by final order is there and the marked document are used as evidence for same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hello

        The evidence was considered by the court and then the orders were passed taking into consideration the evidence.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

The whole Judgement will be taken into consideration. It is rare that evidence is marked in Judgement but the appeallte Court will consider whole Judgement

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

the mere marking of an exhibit does not dispense
with the proof of docments

 

You have to prove e the content of documents 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

the document to be marked is in presence of parties and they have an
opportunity to object for marking the document 

 

even if marked contents have to be proved 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

it is necessary to peruse judgment to advice . If contents re not proved document would be disregarded 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

if any document is marked by the Judge in evidence then it means that it has been considered by the court for adjudication of the dispute 

 

sometimes a party relies on a document which is denied by the other. Such a document needs to be proved by the party relying on the same and the party opposing that document has to show the court why it should not be considered as a valid evidence

this is known as admission and denial of documents

based on the above the judge, after hearing both the parties, comes to a conclusion whether the document must be marked or not

if its marked by the judge, it means that it will be considered as an evidence for the purpose of trial

however mere marking of the document as an evidence does not mean that it is an admissible evidence

that document has to face the rigours of the trial i.e. it has to withstand the cross examination by the opponent

sometimes the judge marks a document as 'X for identification'. This is in cases where he is unable to come to a conclusion as to the admissibility of that document 

if the opponent uses such document X (which was originally denied by him) then the moment the opponent does so, the document is marked by the judge as evidence 

this is because if a party opposes a document and denies and then uses the same document to cross examine his opponent, then it means he too is relying on the same and thus the judge takes such a document as an admissible evidence 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Considered and marked as based on.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

1. It means that the evidence jhas been accepted by the Court which has been duly marked.

 

2. There is no additional implication othrer than getting the same recorded in the said Judgement.

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

When the said documents have been mentioned in the said Judgements as marked, it implies that those have been accepted by the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. The query is unclear.

 

2. Where it has been mentioned that the documents have been marked? In the order sheets? If yes then how the case was closed? Little more details were required to answer the query properly.

 

3. However, it means that the said documents have been accepted by the Court as evidence for further proceeding on the matter.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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