In sec 138 NIA the accused advocate has submitted few documents (some original and some xerox) ..... The stage of the case is of CROSS EXAMINATION....
My question is xerox copies have not been given exhibits but are with the court...... Can he ask the complainant questions showing xerox copies
If yes under what section ??? If no under what section???
(note: xerox copy is of an agreement between the complainant and accused but not given exhibit by court)
N.K.Assumi (Advocate) 10 December 2017
You mean to say that your counsel does not know thw distinction between original and secondary copy of documents?
Adv. Aditya (Litigator GROSON ADVISORS) 10 December 2017
Refer to Sec 145 of Evidence Act, Order 8 CPC.
N.K.Assumi (Advocate) 11 December 2017
Yes, Aditya Grover, is absolutely correct. But what is the purpose of admitting secondary copy without bringing on records the primary eviidence, as the evidence goes by best available evidence, meaning thereby the primary evidence. And under what circumstances, the secondary evidence is sought to be admitted? Before admitting secondary documents, the party has to established the grounds for admiting the same, otherwise it cannot be admitted as evidence.
N.K.Assumi (Advocate) 11 December 2017
That is the reason why I ask the disinticon between secondary and primary documents. Before 145, the counsel should know first, primary and secondary documenst inluding the court, otherwise, it will be like a blind men trying to describe an elephant.
N.K.Assumi (Advocate) 11 December 2017
jainishlalchet, never come to conclusions, without knowing your grounds reality in law.
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