SECONDARY EVIDENCE U/S 65 C EVIDENCE ACT
manoj
(Querist) 27 February 2011
This query is : Resolved
Hi all,
How are you,
I have a question & I just want to know that is there any specific judgments of any high court or apex court which has clearly mentions that the photocopy of public document be treated as original (secondary evidence) in absence of original, when the original are misplaced or destroyed by the department, we want to show that it can be readed as secondary evidence u/s 65 (c) Indian evidence act
Thank you
Arvind Singh Chauhan
(Expert) 27 February 2011
Admissibility of photo copy of document as evidence on record- original document is in possession of other party-not filed in spite of service by registered notice- rejection of photo copy as evidence on record under circumstance not proper- A.I.C.-2003-Vol-5-Raj-401.
Secondary evidence- conditions for- where secondary evidence is sought to be read in evidence in lieu of original or primary evidence, it is inter alia, proved that original has been lost, destroyed etc. – Secondary evidence would be admissible in evidence whether it is in the form of Photostat copy or otherwise true copy provided the same is proved to be correct copy of the original- UTT- UAD-2008-694.
Advocate. Arunagiri
(Expert) 27 February 2011
If the original is proved as lost or destroyed you can file it as a secondary evidence with the leave of the court.
manoj
(Querist) 27 February 2011
Thank you to all the 3 experts.
regards,
manoj
DEFENSE ADVOCATE.-firmaction@g
(Expert) 27 February 2011
