Can Duplicate Documents Count as Primary Evidence in India?

That Section provides that any document thirty years old produced from any custody which the Court in the particular case considers proper, may be presumed to be genuine both regarding to its contents and its due execution. ... as a duplicate and consider the question of its admissibility on that basis. ... Section 90 of the Evidence Ordinance provides- " 90 : Where any document purporting or proved to be thirty years old is produced from any....

2024 0 Supreme(Pat) 939

However, if secondary evidence is admissible, it may be adduced in any form in which it may be available, whether by production of a copy, duplicate copy of a copy, by oral evidence of the contents or in another form. ... If original Taksimnama is not traceable, then the learned trial court would consider such prayer for taking the same on record having due consideration to the existence, authenticity and genuineness of the document and its contents thereof in accorda....

2023 0 Supreme(P&H) 1919

The contents of documents may be proved either by primary or by secondary evidence. Section 62. Primary evidence. Primary evidence means the document itself produced for the inspection of the Court. ... However, if secondary evidence is admissible, it may be adduced in any form in which it may be available, whether by production of a copy, duplicate copy of a copy, by oral #HL_S....

1995 0 Supreme(Ker) 64

No one of these is more the original than the other, and any one of them may be produced as primary evidence of the contents of the document. ... Learned counsel for defendants 5 and 6 contended that whatever may be the peculiarities of a duplicate which may distinguish it from a certified copy or registration copy of a document, it can never be treated as the original itself .1 n law, a duplicate can be accepted a....

2024 0 Supreme(Chh) 228

However, if secondary evidence is admissible, it may be adduced in any form in which it may be available, whether by production of a copy, duplicate copy of a copy, by oral evidence of the contents or in another form. ... The issue regarding admission of photocopy of a document has come up for consideration before the Hon'ble Supreme Court in case of United India Assurance Company Limited vs. ... that photostat copy of the agreement may#HL_....

2024 0 Supreme(AP) 1497

The terms "primary and secondary evidence" apply to the kinds of proof that may be given to the contents of a document, irrespective of the purpose for which such contents, when proved, may be received.33. ... Essentially, secondary evidence is an evidence which may be given in the absence of that better evidence which law requires to be given first, when a proper explanation of its absence is given. ... Essentiall....

With regard to the 'first point, it is true that the document, which was presumably given by Kira the elder to Kira the younger, has not been produced in evidence. The plaintiff relies on the duplicate of the deed which has been produced from the office of the Registrar-General. ... The law at that date, as now, required deeds relating to land to be executed in duplicate, and that one of the duplicates should be filed with the Registrar of Lands or the Registrar-General. ... Deed thirty years old-#....

2024 0 Supreme(Ker) 731

Section 77 provides that certified copies may be produced in proof of the contents of the public documents. Thus, the contents of a document, be it private or public, may be proved by the production of primary or secondary evidence, as the case may be, for the inspection of the court. ... Under the Law of Evidence, it is necessary that the contents of the documents are required to be proved either by primary or sec....

2024 0 Supreme(Guj) 966

However, if secondary evidence is admissible, it may be adduced in any form in which it may be available, whether by production of a copy, duplicate copy of a copy, by oral evidence of the contents or in another form. ... It is trite that under the Evidence Act, 1872 facts have to be established by primary evidence and secondary evidence is only an exception to the rule for which foundational facts have to be established to account ....

2023 0 Supreme(Del) 405

Once the evidence on the ingredients of Section 65 are satisfied, the learned Trial Court may consider applying Section 65 of the Indian Evidence Act, 1872 to the photocopy of the Property Development Agreement. 17. ... Learned Trial Court is directed to consider those objections in accordance with law and dispose of the same. 20. ... Section 61 of the Evidence Act provides for proof of documents either by primary or by secondary evidence#H....

2023 0 Supreme(Bom) 80

It is, thus, clear that the Birth Certificate issued by the statutorily appointed competent authority is relevant and admissible. The same is a public document and it constitutes primary evidence. Proof of contents of a public document can be had by production thereof as envisaged by Section 77 of the Evidence Act.

2017 0 Supreme(Del) 1228

The law permits that where a document cannot be proved by primary evidence; the same can be proved by secondary evidence. Thus, the best evidence to prove a document is the primary evidence i.e. the original documents.

2014 0 Supreme(Mad) 773

Section 65 of the Indian Evidence Act enumerates the cases in which secondary evidence relating to documents is permissible. Section 64 of the evidence Act says that the document must be proved by primary evidence except in the cases in which secondary evidence relating to documents may be given by virtue of the succeeding sections. But unless, the law requires production of the primary evidence, the contents of the document can be proved by secondary evidence. The certified copy of the sale deed is no doubt a secondary evidence.

2013 0 Supreme(Sikk) 17

Where there are duplicate originals, i.e. two documents both fully executed by each party – both are considered primary evidence; in the case of counterparts – i.e. where each document is fully executed by one party only – they are primary evidence against the executing party and his privies, but secondary evidence only against the non-executing party or his privies, except in cases of ancient possession.” “Carbon-copies produced by type-writers may for all practical purposes be regarded as equivalent, though the impressions on the lower sheets are likely to be imperfect.

2008 0 Supreme(P&H) 1412

Under the Evidence Act, document has to be proved by primary evidence unless a case for producing secondary evidence is made out. Principles of natural justice apply and if the document is genuine, photo copy of the same can be taken into account. The Enquiry Officer held that it was not proved that the petitioner possessed higher qualification as only a photo copy of the Gazette was produced. In departmental proceedings, Evidence Act does not apply per se.