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N.K.Assumi (Advocate)     29 March 2009

Is it permissible to include photo copy under section 65-B of the Evidence act?

Sale deed was executed and printed in a computer and photo copy of the same was made. The copy of the computer print was lost but the photo copy is available. whether the photo copy can be put in evidence under section 65-B of the Evidence act?



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 3 Replies

Y V Vishweshwar Rao (Advocate )     29 March 2009

Mr Assumi !


The Copy  printed on paper etc from Computer Record  maintained  as per the Section 65 B ( 2) & ( 3) and Certified Under sub Sec (4 ) of the Section 65 - B is admissible in evidence .


But you question is aobut a Sale Deed executed and printed in a Computer and Phot copy is made , the Computer Print copy is lost and Phot copy is available .


Whether this Photo copy is of  computer out put, then it can not be admitted you have to obtain another compute out put as per Sec 65-B ( 1) and certiifed as per Sec 65- B ( 4) of Indian Evidnece Act 


 

N.K.Assumi (Advocate)     29 March 2009

Thank you Sir.Rao.

adv. rajeev ( rajoo ) (practicing advocate)     29 March 2009

no it cannot be admitted as secondary evidence

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