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Checking relevance for R. V. E. Venkatachala Gounder VS Arulmigu Viswesaraswami & V. P. Temple...
2003 8 Supreme 193 : A civil court can receive a photocopy of a document under certain conditions. According to the law, if a document is admitted in evidence without objection when tendered, the omission to object becomes fatal, and the document may not be challenged later on grounds of admissibility. In the case of photocopies, if the original is not produced but the photocopy is admitted without objection, the court may consider it. Specifically, in the provided judgment, photocopies of a rent note and a Charity Commissioner''''s order were admitted without objection and were considered by the courts below. The court held that since no objection was raised at the time of admission, the High Court erred in later rejecting these photocopies. The law also recognizes that secondary evidence, such as photocopies, may be admissible if the original is not available, especially when the party seeking to produce it explains the reason for non-production and the opposing party does not object. Thus, a civil court may receive a photocopy of a document if it is admitted without objection and the circumstances justify the use of secondary evidence.Checking relevance for J. J. Merchant VS Shrinath Chaturvedi...
2002 5 Supreme 337 : Under the Consumer Protection Act, 1986, the Commission or Forum is empowered to receive evidence on affidavits and to issue commissions for the examination of witnesses. Specifically, Rule 4 of Order XVIII of the Civil Procedure Code (CPC) provides that in every case, the examination-in-chief of a witness shall be on affidavit, and copies thereof shall be supplied to the opposite party. The Commission can follow this procedure, which includes receiving affidavits as evidence. This implies that photocopies of documents can be received and considered as part of the evidence, particularly when they are part of the affidavits or documents submitted in support of a claim. Additionally, Order VII Rule 14 of the CPC mandates that where a plaintiff relies upon a document in support of his claim, he must produce the document and a copy thereof when presenting the plaint. This requirement supports the reception of photocopies of documents, as long as they are properly submitted and verified.Checking relevance for IN RE: INTERPLAY BETWEEN ARBITRATION AGREEMENTS UNDER THE ARBITRATION AND CONCILIATION ACT 1996 AND THE INDIAN STAMP ACT 1899 VS . ...
2024 1 Supreme 366 : Under Section 35 of the Indian Stamp Act, 1899, an unstamped or inadequately stamped instrument is inadmissible in evidence. The term ''''instrument'''' includes every document by which any right or liability is, or purports to be created, transferred, limited, extended, extinguished or recorded (Section 2(14)). A copy of an instrument cannot be validated or admitted in evidence under the Stamp Act, as the law only applies to the original instrument. Secondary evidence, such as a photocopy, cannot be relied upon if the original is unstamped or insufficiently stamped. This principle was affirmed in Jupudi Kesava Rao v. Pulavarthi Venkata Subbarao (1971) 1 SCC 545, where the Court held that Section 36 of the Stamp Act does not extend to secondary evidence, and that a copy of an instrument cannot be validated even if multiple copies were prepared and signed by the parties. Therefore, a civil court cannot receive or act upon a photocopy of an unstamped or inadequately stamped document for the purpose of proving its contents.Checking relevance for Jupudi Kesava Rao VS Pulavarthi Venkata Subbarao...
1971 0 Supreme(SC) 97 : A civil court cannot receive secondary evidence, such as a photocopy, of a document that is unstamped or insufficiently stamped. Under Section 35 of the Indian Stamp Act, no instrument chargeable with duty shall be admitted in evidence unless it is duly stamped. The proviso to Section 35 allows admission only if the original instrument is presented and the deficiency in stamp duty, along with a penalty, is paid. Secondary evidence (including photocopies) is not covered by this proviso, as the requirement is for the original instrument itself. Section 36 of the Stamp Act does not extend to secondary evidence, as the term ''''instrument'''' in both sections refers to the original document, not a copy. Therefore, photocopies of unstamped or insufficiently stamped documents are inadmissible in evidence.Checking relevance for Nandkishore Lalbhai Mehta VS New Era Fabrics Pvt. Ltd. ...
2015 0 Supreme(SC) 688 : A civil court may receive a photocopy of a document only if the original is not available and the party seeking to admit it provides a factual foundation for its non-production. Under Section 65 of the Indian Evidence Act, 1872, secondary evidence (including photocopies) is admissible only when the original document cannot be produced, and the party must establish that the copy is a true and accurate representation of the original. Mere admission of a document in evidence or identification of a signature by a witness does not prove the contents of the document. The court must first determine the admissibility of the document before endorsing its contents. Therefore, a photocopy can be received but only after satisfying the conditions laid down under Section 65 and Rule 27 of Order XLI of the Code of Civil Procedure, 1908, and with proper foundational evidence.
