ARIJIT PASAYAT, LOKESHWAR SINGH PANTA
J. Yashoda – Appellant
Versus
K. Shobha Rani – Respondent
Certainly. Based on the provided legal document, here are the key points:
The judgment primarily discusses the application of the Evidence Act, specifically Sections 63 and 65(a), in relation to the admissibility of secondary evidence, such as photocopies, in court proceedings (!) (!) (!) (!) (!) (!) .
Secondary evidence includes certified copies, copies made through mechanical processes ensuring accuracy, copies compared with the original, counterparts of documents, and oral accounts of a document’s contents (!) (!) (!) (!) (!) (!) .
The admissibility of secondary evidence depends on specific conditions, particularly when the original document is in the possession or control of the opposing party or is otherwise out of reach or not subject to court process. Proper notice must be given, and the non-production of the original must be justified under the circumstances outlined in Section 65(a) (!) .
The court emphasizes that secondary evidence is generally only admissible when the primary evidence (the original document) is unavailable, and the party seeking to introduce secondary evidence must satisfy the conditions laid out in the relevant sections (!) (!) .
In the case discussed, the court found that photocopies could not be admitted as secondary evidence because the necessary conditions—such as the original being in the possession of the opposing party and proper explanation for the absence of the original—were not satisfied (!) (!) .
The absence of proof that the original document was in the possession of the party offering the photocopy, along with the lack of explanation for its unavailability, led the court to uphold the decision that the
JUDGMENT:
(Arising out of S.L.P. (C) No.12625 of 2005)
Dr. ARIJIT PASAYAT, J.
Leave granted.
Challenge in this appeal is to the judgment rendered by a learned Single Judge of the Andhra Pradesh High Court allowing the civil revision petition filed. Challenge in the said petition was to the order dated 3.11.2003 in OS No. 30 of 1999 on the file of learned First Additional Chief Judge, City Civil Court, Secunderabad wherein document Exh. B-1 to B-8 were marked and taken as secondary evidence. The challenge in the civil revision was that the aforesaid documents could not have been marked and taken as secondary evidence since they are photo copies.
Learned Single Judge held that the documents which were sought to be received and marked as secondary evidence are photo copies. It was noted that it may be a fact that the original of the documents are not available with the parties but at the same time the requirement of Section 63 of the Indian Evidence Act, 1872 (in short the Act) is that a document can be received as an evidence under the head of secondary evidence only when the copies made from or compared with the original are certified copies or such other documents as enumerated in
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