AI Overview...
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Original Document & Production - The court emphasizes that original documents must generally be produced for examination; copies (photostat or digital) can only be admitted when the original is unavailable, and proper foundational proof of loss or non-possession is provided. Mere assertion is insufficient. Surinder Kaur VS Mehal Singh - Punjab and Haryana, Jawahar Lal VS Surinder Singh - Punjab and Haryana, Jawahar Lal VS Surinder Singh - Current Civil Cases, Sham Gopal VS Ved Parkash - Punjab and Haryana
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Proof of Copies - Photostat copies require proof of authenticity, such as proof of execution and comparison with original, and are only admissible in the absence of the original document. The court often scrutinizes whether the copy is genuine before admitting it as evidence. Sham Gopal VS Ved Parkash - Punjab and Haryana, Jawahar Lal VS Surinder Singh - Current Civil Cases
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Legal Procedure & Evidence Rules - Parties are generally not permitted to introduce additional evidence on appeal unless specific exceptions apply, especially if the evidence was not available or could not be produced earlier. The production of documents during trial is crucial, and failure to do so can impact case outcomes. Vishnu Iron & Steel Industries VS Govind Ram - Rajasthan, Hukmi Chand Mosun, Son of Shri Jeevan Ram Soni VS Kushal Chand Duggad, Son of Dhanraj Duggar - Rajasthan
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Court's Discretion & Conditions - When original documents are missing, courts may allow copies if proper proof is provided. Certified copies under the Evidence Act are acceptable, but the court ensures the authenticity and proper handling, including the presence of legal counsel during inspection. Mahesh Kumar Soni VS Hariom Sahu - Allahabad, IN RE: Summoning Advocates who give legal opinion or represent parties during investigation of cases and related issues VS . - Supreme Court
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Implications for Legal Practice - Proper documentation, including original documents or certified copies, is vital for effective case prosecution or defense. The court’s focus remains on verifying authenticity to prevent false or misleading evidence from influencing the trial. Jamir Ali @ Abdul Jamir VS State of Assam - Gauhati, Varun VS State Of U. P. Thru. Addl. Chief Secy. Home, Lko. - Allahabad
Analysis & Conclusion:
Courts consistently require original documents for evidentiary purposes; copies are permissible only when the original is lost, in possession of the opposing party, or otherwise unavailable. In such cases, parties must establish the loss or unavailability through proper proof. The admissibility of copies hinges on authentication, comparison, and compliance with procedural rules. This ensures the integrity of judicial proceedings and fair adjudication.
Search Results for "Copies of Documents Produced before Court Must be Provided to Opposite Counsel Parties Perused"
2013 0 Supreme(P&H) 1220 • India - Punjab and Haryana
PARAMJEET SINGH
original document existed and is lost or is in possession of opposite party who failed to produce it. ... facts by proving that original document existed and is lost or is in possession of opposite party who failed to produce it--Mere ... can be allowed to be produced only in absence of original document--When a party seeks to produce Photostat copy it has to lay foundational ... The learned counsel has further con....
2015 0 Supreme(Gau) 1052 • India - Gauhati
B.K.SHARMA, PARAN KUMAR PHUKAN
S.G – Court have considered submissions advanced by learned counsel appearing for parties and have also perused materials available ... of some documents – Held, Writ Court can examine only materials/evidence produced before tribunal and not any new evidence. ... – Eventual Passing – Learned counsel appearing petitioner – Court have also heard learned State counsel and so also learned Assistant ... We have consider....
2013 0 Supreme(P&H) 938 • India - Punjab and Haryana
PARAMJEET SINGH
can be allowed to be produced only in absence of original document. ... foundational facts by proving that original document existed and is lost or is in possession of opposite party who failed to produce ... existed and is lost or is in possession of opposite party who failed to produce it--Mere assertion of the party is not sufficient ... I have considered the rival contentions of learned counsel for the parties and peru....
• India - Current Civil Cases
PARAMJEET SINGH
facts by proving that original document existed and is lost or is in possession of opposite party who failed to produce it—Mere ... can be allowed to be produced only in absence of original document—When a party seeks to produce Photostat copy it has to lay foundational ... is crucial in any trial for it can change course of entire trial and consequently fate of parties—Act entails elaborate provisions ... I have considered the rival contentions of learned c....
2019 0 Supreme(P&H) 274 • India - Punjab and Haryana
JAISHREE THAKUR
does not dispense with proof of its execution--Therefore, photostat copies of the documents are required to be proved in terms of ... unless proved to be genuine or is admitted by opposite party--Thus a Photostat copy of a document can be produced in evidence only ... can be allowed to be produced only in absence of original document. ... of the copy, and copies compared with such copies; (iii) copies made from or ....
2022 0 Supreme(All) 1241 • India - Allahabad
AJAI KUMAR SRIVASTAVA I
– Evidence for prosecution – Attempt to Murder – Learned counsel for applicant Sri Rajesh Kumar Singh along with learned A.G.A. ... for State and perused entire record – Instant application has been filed by applicant for challenging impugned order by learned Additional ... particularly keeping that object behind incorporation to enable accused to defend himself properly which is achieved by supplying of vital documents ... produced for the inspection of the court, such documents are c....
2003 0 Supreme(Raj) 276 • India - Rajasthan
HARBANS LAL
Effect of non-production of documents – Held – Parties to an appeal are not entitled to adduce additional evidence in appellate ... it was not within his knowledge or could not produce at the time of passing decree appealed against – Exception provided u/S. 107 ... the learned counsel for the appellant having no force and merit deserves to be disallowed. ... I have heard learned counsel for the parties and have also carefully perused the judgments of....
2025 8 Supreme 391 • India - Supreme Court
B. R. GAVAI, K. VINOD CHANDRAN, N. V. ANJARIAM
documents, relatable to his client, can only be for production before Court of said document which shall be perused, for the purpose ... any digital equipment so produced, Court shall ensure presence of Lawyer and his client as also any person, Lawyer or client desires ... Findings of Court: An In-house Counsel though is engaged in the job of advising his ... Any summons issued by an officer in-charge of a Police Station to a lawyer to pro....
2017 0 Supreme(All) 2488 • India - Allahabad
VIVEK KUMAR BIRLA
copies of private documents under the Indian Evidence Act and the Registration Act. ... Final Decision: The petition was dismissed, but the tenant was provided with conditions for handing over the possession of ... Finding of the Court: The court found that the issue of applicability of the Act cannot be agitated as it was admitted ... Proof of documents by production of certified copies.-Such certified copies may be produced in ....
2017 0 Supreme(Raj) 455 • India - Rajasthan
ALOK SHARMA
an agreement between landlord and tenant - Application under O.11, O.12, O.14 C.P.C - Landlord denied the existence of any such document ... - Identity of the person having the document was unknown - Held, the application by the tenant is without any concrete merit - Application ... I have heard the counsel for the tenant and the landlord and perused the impugned order dated 25.02.2017. ... 3. ... In a case where original documents are not produced at any time, nor, any factual foundat....
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