Lost the return reg.ad cover can a true copy of this cover be considered as evidence on record????
Bhumika
(Querist) 16 July 2016
This query is : Resolved
on 2008 we filed a complaint against a HUF When Original Register AD cover are lost can a true copy can be considered as evidence on record ..... ??? if not is than any other way to prove dispatch of cover??? As the notice is dispatched in 2008 the post office has no record.... what should i do to prove dispatch
R.K Nanda
(Expert) 16 July 2016
Postal receipt must be with you which can be proved as evidence .
Shonee Kapoor
(Expert) 16 July 2016
Why do you need a copy now. Have you not annexed the same with the case?
Regards,
Shonee Kapoor
www.shoneekapoor.com
Bhumika
(Querist) 16 July 2016
Shonee kapoor sir... actualy our lawyer are not giving back our original covers...but we have zerox copies of this covers which is already submitted in court.... but our lawyer says thaat he has nothing now..he has given us all the documents.. but i know that he has all the documents but he is not giving us... now we realy stressed ... how will wwe prove that
Devajyoti Barman
(Expert) 17 July 2016
Secondary evidnece is permissible provided the original is lost or destroyed. You have to though follow the guidelines provided in section 65-66 of the Evidence Act.
Kumar Doab
(Expert) 17 July 2016
If you have settled all dues then lawyer may not hesitate to return the documents.
Shonee Kapoor
(Expert) 17 July 2016
As you have already provided the Xeorx copies, you can give an affidavit that the originals are lost and as advised by Ld. Burman use the sections of 65 and 66 of Indian Evidence Act.
BTW, I am not sure what the lawyer would do with your originals. No good lawyer would stoop to such things.
Regards,
Shonee Kapoor
www.shoneekapoor.com
Bhumika
(Querist) 17 July 2016
Thank you to all experts...
thank you very much.... Shonee Kapoor Sir
For your expert advise ....i realy got resolved my query... thank you sir.........
Kumar Doab
(Expert) 17 July 2016
In is indeed good to see that some authors do come back to thank the experts.
