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        Case ID :

        2001 (2) TMI 590 - SC - Indian Laws

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        Admissibility objections in trial may be deferred until final judgment, except for stamp-duty objections that must be decided first. Objections to the admissibility of documentary or oral evidence, other than objections based on deficiency of stamp duty, may be noted during trial and ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Admissibility objections in trial may be deferred until final judgment, except for stamp-duty objections that must be decided first.

                              Objections to the admissibility of documentary or oral evidence, other than objections based on deficiency of stamp duty, may be noted during trial and decided in the final judgment rather than interrupting evidence recording. The court may tentatively mark a document or record the disputed oral testimony subject to the objection, and exclude it from consideration if the objection ultimately succeeds. This approach is intended to prevent delay and avoid remand in criminal trials. Objections concerning stamp duty remain an exception and must be decided before the document is acted upon. Trial courts are expected to conduct proceedings expeditiously, including on a day-to-day basis.




                              Issues: Whether objections to admissibility of documentary or oral evidence raised during trial should be decided immediately or can be kept open for decision at the final stage, and whether the trial court should be granted further time to complete the trial.

                              Analysis: Requiring the trial court to stop the recording of evidence each time an objection is raised can unnecessarily prolong criminal trials and may compel remand if the appellate court later takes a different view on admissibility. A better procedure is to note the objection and tentatively mark the material as exhibit, or record the objected oral part, subject to the objection being decided in the final judgment. If the objection ultimately succeeds, the evidence can be excluded from consideration. This course is not permissible where the objection concerns deficiency of stamp duty, which must be decided before the document is acted upon. The trial court was also expected to proceed with the trial expeditiously, especially by following the mandate of day-to-day trial.

                              Conclusion: Objections to admissibility other than stamp-duty objections may be deferred and decided at the final stage, and the trial courts should adopt that procedure to avoid delay.


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                              ActsIncome Tax
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