Legal Question in Constitutional Law in India
Production of original documents in departmental enquiries
I am a Presenting Officer in three case of fraud and misappropriation of funds. The case against the delinquents is in progress in CBI Court also. The majority of original documents stand seized by the CBI. The seizure memos to this effect have been produced by me as regards seized documents in order to prevail upon that the originals cannot be got inspected and further I plan to prove the xeroxed copies of seized listed documents from the bank Officials who handed over the Originals to the CBI. What is the status of such listed documents on account of theirs originals in custody of CBI and the originals of these cannot be produced for inspection by CO and his DO. The delinquents are supposed to obstruct the exhibiting of such documents in evidence. Please guide in this matter. I am highly thankful for the reply received as regards my previous query.
5 Answers from Attorneys
Re: Production of original documents in departmental enquiries
production of xexox copies - attested or verified along with the seizure memo would do for the department enquiry. If there is an objection it can be objected on the ground 1) it is not original 2)they are not the true or valid document 3) the document are forged etc..- and all allegation have to be proved beyond doubt!
Re: Production of original documents in departmental enquiries
CBI is a statutory authority established under the Delhi Special Police Establishments Act. You can produce the photocopies along with the seizure memos from CBI as to the originals. In departmental enquiries, the Indian Evidence Act is not strictly followed.
Re: Production of original documents in departmental enquiries
you may certainly request the court to summon the concerned officer of CBI handling the matter and direct him to produce the attested true copies of all the originals in his custody. when he produces all the originals along with attested copies, you may exhibit the same after comparing them with originals.
Re: Production of original documents in departmental enquiries
If original are with others, then you can produce xerox copies of the documents, get those xerox copies notarize or certified, or even you can also request for issue of summons to those person who are having the custody of original and can have it compared or ispected in the court.
Re: Production of original documents in departmental enquiries
good afternoon
you can always get the truly verified attested copies in case when the original documents are lying with others or request to issue a summons in court to those who are having custody of the documents which are original
Related Questions & Answers
-
Listed documents in departmental enquiries Whether there is any legal or technical... Asked 6/28/07, 10:10 am in India Constitutional Law
-
Constitutional Right In short, land belonged to my grand father acquired liberty... Asked 6/28/07, 4:54 am in India Constitutional Law
-
Profession tax whether its applicable to Director appointed in the Company Asked 6/26/07, 2:50 am in India Constitutional Law
-
Given Cash Hi, My friend was in problem and he was in too much finatial trouble, no... Asked 6/25/07, 11:12 am in India Constitutional Law
-
Eligibility of twin children in second delivery My employer offers welfare... Asked 6/25/07, 10:12 am in India Constitutional Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
