AI Overview...
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Photocopy of Document as Secondary Evidence - A photocopy of an original document can be admitted as secondary evidence under Section 65 of the Indian Evidence Act, provided the conditions specified in Section 65 are satisfied. A mere photocopy of a photocopy is generally not admissible unless it can be compared with the original or meets certain criteria Sh. Raj Kumar and another vs Sh. Milap Chand - Himachal Pradesh.
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Conditions for Admissibility - For secondary evidence to be admissible under Section 65, the original document must be lost, destroyed, or otherwise unavailable, and the party seeking to introduce the photocopy must satisfy the court that the original cannot be produced. The photocopy must be authenticated and meet the requirements of Sections 63 and 65 Pravin Kumar Kothari (deceased) & Ashok Kothari VS Dipti Bavishi - Calcutta, Chandra Kumar VS State Of Rajasthan - Rajasthan.
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Specific Cases and Evidence Types - The courts have held that public documents like revenue maps or registered documents can be proved via photocopies if they qualify as secondary evidence. For example, a revenue map classified as a 'public document' can be proved through a photocopy under Section 65 RAM DAS SINGH VS DULI CHAND - Allahabad.
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Photocopy of Wills and Agreements - When the original will or agreement is lost or untraceable, photocopies can be admitted as secondary evidence under Section 65, provided the conditions are met. The court emphasizes that the photocopy must be properly authenticated and satisfy the statutory requirements Ashok Kothari VS Dipti Bavishi - Current Civil Cases, JAYASEELAN,
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SIVADASAN - Kerala, HAZARA SINGH vs SUKHWINDER KAUR AND OTHERS - Punjab and Haryana. -
Limitations and Challenges - Photocopies of photocopies are generally not admissible unless they can be reliably compared with the original or meet specific legal criteria. The courts have rejected secondary evidence when the original is available or when the conditions of Section 65 are not fulfilled VASUDEVAN vs RAMA - Kerala, Bharti Sharma W/o Late Shri Surrender Kumar VS Naresh Kumar S/o Shri Tirath Ram - Himachal Pradesh.
Analysis and Conclusion:
Photocopies of original documents can be admitted as secondary evidence under Section 65 of the Indian Evidence Act if they are properly authenticated, meet statutory conditions, and the original is unavailable or lost. The courts consistently emphasize the importance of verifying the authenticity and ensuring compliance with the statutory requirements before admitting photocopies, especially when dealing with photocopies of photocopies or when the original is traceable. Proper application of Sections 63 and 65 is crucial for the admissibility of secondary evidence in legal proceedings.
Search Results for "Photocopy of Document Secondary Evidence under Section 65 Evidence Act Hereinafter"
2025 Supreme(Online)(HP) 6619 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Ajay Mohan Goel, J
The petitioners challenged an order dismissing their application under Section 65 of the Evidence Act to present secondary evidence ... The court held that a photocopy of a photocopy cannot be considered as secondary evidence without comparison to the original, as ... necessitated by Sections 63 and 65 of the Evidence Act. ... 65#HL_E....
2020 0 Supreme(All) 610 • India - Allahabad
SARAL SRIVASTAVA
Indian Evidence Act, 1872 – Section 65 – Second Schedule of Provincial of Small Causes Courts Act, 1887 ... – Sections 25, 15 read with Entry 4 – Registration Act, 1908 – Section 49 – Transfer of Property Act, 1882 – Section 53A – Rent – ... whereby the trial court has decreed the suit of the respondent – Held, Court finds that aforesaid finding is based on appreciation of evidence ... S....
2013 0 Supreme(All) 1115 • India - Allahabad
SUDHIR AGARWAL
(Indian) Evidence Act, 1872—Sections 65, 66 and 74—Secondary evidence—Admissibility of—Scope—Whether Lower Appellate Court was justified ... 65/66 of Evidence Act—Map in question is a revenue map, which would qualify to be a 'public document'—No other kind of secondary ... in admitting a document i.e. photocopy of a map, alleged to have been prepared by Lekhpal,....
2020 0 Supreme(Cal) 573 • India - Calcutta
ARIJIT BANERJEE
Indian Succession Act, 1925 - Section 63 of the Indian Succession Act, 1925 - Section 64 of the Evidence Act, 1872 - Section 65 ... is admissible in evidence under Section 65 of the Evidence Act since the original is lost. ... is admissible in evidence under Section 65 of the Evidence #HL_ST....
• India - Current Civil Cases
ARIJIT BANERJEE
Evidence Act, 1872—Sections 63, 64, 65 — Indian Succession Act —Section 237— Proof of Document by Secondary Evidence — Authenticated ... photocopy of the original Will—Section 237 of the Indian Succession Act contemplates that when a Will has been lost or mislaid since ... Civil Procedure Code, 1908—Testamentary Suit — Indian Succession Act—Section#HL_....
2025 Supreme(Online)(KER) 15310 • India - High Court of Kerala
K. Babu, J
The Trial Court admitted the copy under Section 65(c) as secondary evidence. ... (A) Evidence Act, 1872 - Sections 63 and 65 - Admissibility of secondary evidence - The challenge pertains to the admissibility of ... evidence under Section 65(c), while leaving the admissibility challenge open for trial. ... Section 63 of the Evidence#H....
2017 0 Supreme(Raj) 2786 • India - Rajasthan
PUSHPENDRA SINGH BHATI
INDIAN EVIDENCE ACT - SECTION 63, 65 - SECONDARY EVIDENCE - PHOTOCOPY OF CARBON COPY - ADMISSIBILITY: Fact of the Case: ... Issues: Whether a photocopy of a carbon copy of an original document is admissible as secondary evidence under Section 63 ... Act to produce documents as secondary evidence. ... learned....
2019 Supreme(Online)(KER) 74403 • India - High Court of Kerala
RAJA VIJAYARAGHAVAN, J
Evidence - Wound Certificate - Indian Evidence Act, 1872 - Sections 63, 65 - The court analyzed the admissibility of secondary ... Issues: Whether the photocopy of the wound certificate qualifies as secondary evidence under the Indian Evidence Act in the ... conditions outlined in Sections 63 and 65 of the Indian Evidence Act....
2023 Supreme(Online)(P&H) 5617 • India - High Court of Punjab and Haryana
to sell cannot be admitted as secondary evidence unless the conditions prescribed in Section 65 of the Evidence Act are satisfied ... of the Evidence Act for admitting secondary evidence. ... SECONDARY EVIDENCE - AGREEMENT TO SELL - PHOTOCOPY - ADMISSIBILITY - [SUMMARY] The court held that a photocopy of an agreement ... Only when conditions of....
2022 0 Supreme(HP) 610 • India - Himachal Pradesh
SANDEEP SHARMA
under Section 65 of the Indian Evidence Act. ... that document has not been traced, is not sufficient to allow application for leading secondary evidence - Therefore, no illegality ... Code of Civil Procedure, 1908 – Section 151 - Indian Evidence Act, 1872 - Section 65(c), 64, 66, 74, 79 ... Proof of documents by primary evidence.—Doc....
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