AI Overview...
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Photostat Copy as a Document - Photostat copies can be considered as secondary evidence and may be admissible in court, especially when the original document is unavailable or lost. Courts often allow their use under provisions like Order 13 Rule 2 CPC and Section 65 of the Evidence Act, provided certain conditions are met, such as authentication and compliance with procedural requirements. For example, courts have permitted photostat copies in investigations, family disputes, and civil cases when original documents are not accessible SULAIMAN Vs SUB INSPECTOR OF POLICE AND ANOTHER - Kerala, Kancherla Saradha Devi VS Saripella Sivaramaraju - Andhra Pradesh, Narasani Siva Rami Reddy, Guntur Dist. VS Narasani Jaya Surya, Guntur Dist. - Andhra Pradesh, Palakurthi Raja Gopala Rao vs Chaluvadi Krishna Prasada Rao - Andhra Pradesh.
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Authentication and Admissibility - The admissibility of photostat copies hinges on proper authentication, often requiring attestation or certification by a competent authority. Lack of authentication can lead to rejection, as seen in cases where courts doubted the genuineness of unverified copies ADV VIMAL KUMAR R vs DHANYA MADHAVAN - Kerala, United India Insurance Co. Ltd. VS Shamsher Singh - Jammu and Kashmir, Suresh VS Parag - Bombay.
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Secondary Evidence Provisions - Under Section 63 of the Indian Evidence Act, photostat copies made from the original (such as carbon copies or mechanically reproduced copies) are recognized as secondary evidence, but their acceptance depends on the method of reproduction and proper proof of authenticity Abdul Mutlib VS State of Rajasthan - Rajasthan.
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Limitations and Court Discretion - Courts exercise discretion in accepting photostat copies, especially when original documents are lost or inaccessible. They assess whether the copies are reliable and whether procedural safeguards have been followed Shantilal VS Kanhaiyalal @ Krishna Chandra - Rajasthan, State of J&K VS Braham Dev - Jammu and Kashmir.
Analysis and Conclusion:
Photostat copies are generally considered valid as secondary evidence under Indian law, particularly when the original is unavailable. Their admissibility depends on authentication, proper procedural compliance, and the context of the case. Courts tend to accept photostat copies for investigation, civil, and family law purposes, but they require safeguards to prevent misuse or doubts about authenticity. When properly authenticated, photostat copies serve as legitimate documents in legal proceedings.
Search Results for "Can Photostat Copy Consider as a Document"
2007 Supreme(Online)(KER) 48613 • India - High Court of Kerala
R.BASANT, J
to complete the investigation once the document was available. ... perusal and complete the investigation expeditiously based on document examination requisites. ... Issues: Whether the Investigating Officer could access the original document necessary for the investigation, and whether ... The learned Munsiff may, if he finds that the document has got to be released, insist on substitution by production of a certified photostat copy of the document and con....
1995 0 Supreme(AP) 51 • India - Andhra Pradesh
B.K.SOMASEKHARA
evidence - Condoning delay in producing the document is not beyond the scope of Or13, Rule 2 - Observation that the document can ... of the document produced by the defendant 10 years after filing the suit with an observation that the document can be taken as secondary ... Or13, Rule 1 & 2 - Provisions of Or 13, Rule 2 are not mandatory but only directory - District Munsif passing order allowing xerox copy ... The learned Munsif while accepting the cause given in the affidavit for the late production of....
2019 Supreme(Online)(KER) 8374 • India - High Court of Kerala
A.M.SHAFFIQUE, SHIRCY V., JJ
Family Court's decision to grant the return of 60 sovereigns of gold ornaments, emphasizing the need for verifying evidentiary documents ... We have verified the same and we find that on several particulars, Ext.B1 does not seem to be the exact photostat copy of Ext.B6 and therefore neither Ext.B1 nor Ext.B6 can be considered as a proper document to consider a plea of discharge as contended by the appellants. ... The locker was opened on 16/6/2008 and, on the said date, the entire gold ornaments were re....
2005 0 Supreme(Raj) 2529 • India - Rajasthan
GOVIND MATHUR
Judicial Review - Writ Petition - Order validity and propriety - Order 13 Rule 2 CPC - Section 151 CPC - Photostat copy of Judgment ... The Court emphasized the defendant's right to produce evidence and the trial Court's failure to consider the High Court's earlier ... The defendant petitioners sought to produce a photostat copy of a Judgment dated 06.06.1987 passed by Additional Chief Judicial Magistrate ... The said application was rejected by the trial Court on the grounds that (1) the defendant appe....
2015 0 Supreme(J&K) 234 • India - Jammu and Kashmir
N.PAUL VASANTHAKUMAR, B.S.WALIA
The appellants failed to produce the service records and the only document produced was photostat copy of the record which was the basis of the impugned order. ... In the said Photostat copy of the document produced the learned Single Judge found that the conduct and performance of respondent was shown as satisfactory and there was no adverse entry in the APRs' of the respondent till 2005. ... In the said record produced, it was stated that a Committee was constituted under Article 226....
1992 0 Supreme(J&K) 23 • India - Jammu and Kashmir
B.A.KHAN
Ouseph. 1993 ACJ 203 (Kerala), to persuade me to consider the photostat copy of the policy of insurance appended to the memo of appeal. ... I am afraid, I am not inclined to do it for the simple reason that I have my own doubts about the authenticity of this document, which is not even attested or authenticated by any authority. It would be improper to take it into account at this stage at the back of the other side.
2015 0 Supreme(Bom) 2428 • India - Bombay
R.K.DESHPANDE
and lack of authentication of the photostat copy. ... section 65 of the Evidence Act for grant of permission to lead secondary evidence, citing vague contents regarding loss of original document ... As and when photostat copy of the document is tendered in evidence, its admissibility in evidence or whether it can be marked as an Exhibit can be decided. ... The rejection is on the ground that the contents regarding loss of original document pleaded in the application a....
2012 0 Supreme(Raj) 1100 • India - Rajasthan
MAHESH BHAGWATI
SECONDARY EVIDENCE - SECTION 63 OF INDIAN EVIDENCE ACT - A photostat copy of a carbon copy made from the original by mechanical ... Finding of the Court: The court held that a photostat copy of a carbon copy made from the original by mechanical process ... Issues: Whether a photostat copy of a carbon copy is admissible as secondary evidence under Section 63 of the Indian Evidence ... All these questions are left open to the trial....
2022 0 Supreme(AP) 665 • India - Andhra Pradesh
BANDARU SYAMSUNDER
dismissed the plaintiff's civil revision petition and upheld the trial court's order rejecting the plaintiff's petition to mark the document ... EVIDENCE ACT - SECTION 65 - SECONDARY EVIDENCE - ADMISSIBILITY OF PHOTOSTAT COPY OF PARTITION LIST - REQUIREMENTS AND CONDITIONS ... The plaintiff filed a petition to receive a Photostat copy of the partition list dated 01.09.1985 as secondary evidence, which was ... to the petitioner to file Photostat copy of partition list.....
2025 0 Supreme(AP) 1020 • India - IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
NYAPATHY VIJAY
... ... Findings of Court: ... The court ruled that the trial court's refusal to accept the document as secondary evidence was incorrect ... The petitioner sought to introduce a copy of the agreement as secondary evidence due to the original being lost. ... 1872 - Section 65 - Civil Procedure Code - Order regarding admissibility of secondary evidence - Court discussed admissibility of documents ... In the course of the suit, the Petitioner filed I.A.No.379 of 2022 requesting the Court to consider the photosta....
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