paritosh Sharma (service) 02 December 2024

Respondent submitted modified document in form of photocopy to prove their point

Dear All,

I have a small query as under:

I have filed a case against the Company (Govt.) for implementation of a circular for increment in salary as per circular.

The company says this circular is not implemented and also in one another case with same petitioner and respondent Company says has implemented something based on that circular. In one case not implemented and in another some part is implemented. This particular circular was also not revoled or superceeded by any new circular.

The documents submitted are photo copy documents where they have placed some paper on certain point and then taken photo copy and submitted in court.

My question is:

submission of modified photo copy is case of Purgery or fraud or what it is...?

also the other point of circular implementation.

Regards,

Paritosh

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 02 December 2024

Photocopy of the document is not admissible as evidence.

The photocopy to be admissible as evidence has to be a certified copy. No reliance can be expected on a document which is otherwise inadmissible in a Court and. that whenever "document" is referred in an order or is required to be produced, it must satisfy the test of admissible documents viz. original or secondary as provided in Sections 64, 65 and 66 of the Evidence Act. Further, the Supreme Court of India in J. Yashoda Vs. K. Shobha Rani, AIR 2007 SC 1721 : has held that secondary evidence admissible only in the absence of primary evidence when proper explanation of its absence is given.

paritosh Sharma (service) 02 December 2024

Sir,

The Company has submitted in Counter with the Affidavit in High Court all the modified photocopy documents which is clearly visible in the documents like placing some paper on some points and taking xerox copy and submitting in court