AI Overview...
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Photostat Copies as Secondary Evidence - Courts have varied in their acceptance of photostat copies as secondary evidence. Some courts have rejected their admissibility under Section 35 of the Indian Stamp Act, citing that photostat copies are not permissible secondary evidence unless specific conditions are met, such as proving authenticity or compliance with procedural requirements Jagdish Singh and Co. and another VS Ranjeet Singh - Rajasthan, Sudhir Chhabra VS State of Rajasthan - Rajasthan, Indian Chamber of Commerce VS Eastern India Shippers Association - Calcutta, Sekar vs Prema - Madras.
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Legal Provisions and Conditions - Under the Indian Evidence Act, particularly Sections 63, 65, and 66, photostat copies can be admissible as secondary evidence if they are accurate reflections of the original and the foundational facts are established. Courts emphasize the need for proper proof of authenticity and adherence to procedural norms before admitting photostat copies Indian Chamber of Commerce VS Eastern India Shippers Association - Calcutta, Surinder Kaur VS Mehal Singh - Punjab and Haryana, Mayur Handloom Industries, Bhilwara VS S. B. B. J. , Bhilwara - Rajasthan.
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Procedural and Authenticity Issues - Courts have dismissed applications to admit photostat copies when alterations, discrepancies, or procedural lapses are identified, or when the copies are not proven genuine. For example, in cases involving public documents, the court may reject photostat copies if alterations are detected or if proper foundation has not been laid Sekar vs Prema - Madras.
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Permissibility and Limitations - While photostat copies can be permitted as secondary evidence, their acceptance depends on the context, the nature of the document, and whether the party has proved their authenticity. In some cases, courts have allowed photostat copies of agreements or bank documents when original evidence was unavailable, provided proper proof was furnished P. Balraj VS A. Pochalah - Andhra Pradesh, Pardeep Kumar VS Sekhon Traders Co. - Punjab and Haryana.
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Summary: Courts generally recognize photostat copies as secondary evidence under the Indian Evidence Act, provided they are proven genuine and comply with procedural requirements. However, specific statutory restrictions, such as under the Indian Stamp Act, and issues of authenticity can limit their admissibility. Proper foundation and proof are essential for courts to accept photostat copies as secondary evidence.
References: - Jagdish Singh and Co. and another VS Ranjeet Singh - Rajasthan - Sudhir Chhabra VS State of Rajasthan - Rajasthan - Indian Chamber of Commerce VS Eastern India Shippers Association - Calcutta - Sekar vs Prema - Madras - Pardeep Kumar VS Sekhon Traders Co. - Punjab and Haryana - Surinder Kaur VS Mehal Singh - Punjab and Haryana - Mayur Handloom Industries, Bhilwara VS S. B. B. J. , Bhilwara - Rajasthan - Sham Gopal VS Ved Parkash - Punjab and Haryana - P. Balraj VS A. Pochalah - Andhra Pradesh
Search Results for "Photostat Secondary"
1991 0 Supreme(Raj) 727 • India - Rajasthan
M.C.JAIN
The trial court rejected the application to produce the Photostat copies as secondary evidence of the original receipts. ... : Section 35 of the Indian Stamp Act does not permit the admission of Photostat copies as secondary evidence of original unstamped ... Issues: Admissibility of Photostat copies as secondary evidence under Section 35 of the Indian Stamp Act Ratio Decidendi ... not return them and the same have not been produced in the court by him despite moving an application un....
2018 0 Supreme(Raj) 1780 • India - Rajasthan
KANWALJIT SINGH AHLUWALIA
admissible as secondary evidence and concluded that photostat copies cannot be termed as secondary evidence. ... Photostat Copies - Admissibility as Secondary Evidence - The court considered whether photostat copies of accounts book can be ... order permitting the prosecution to prove photostat copies as secondary evidence. ... In view of above, the impugned order passed by the trial Court to the extent whereby prosecution was permitted to prove #HL_....
2019 0 Supreme(Cal) 254 • India - Calcutta
BIBEK CHAUDHURI
During the trial, the petitioner sought to admit Photostat copies of misplaced documents as secondary evidence. ... Photostat Copies - Admissibility as Secondary Evidence - Section 63, Section 65, Section 66 of the Evidence Act - The court discussed ... the admissibility of Photostat copies as secondary evidence and emphasized the need for compliance with the provisions of Sections ... In view of the clear language of Sub-section (2) of Section 63 of the Indian Evidence Act, 1872, #HL_....
2025 Supreme(Online)(Mad) 41544 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B. Balaji, J
Application to mark a photostat copy of public document dismissed by trial court - Courts clarify the procedure for secondary evidence ... ... ... Issues: Whether the trial court's dismissal to permit the photostat as secondary evidence was justified considering the procedural ... ... ... Findings of Court: ... The attempted submission of a photostat was impermissible due to identified alterations and discrepancies ... Learned counsel would therefore state that though the document is a public docum....
2016 0 Supreme(P&H) 663 • India - Punjab and Haryana
AJAY TEWARI
Secondary Evidence--Photostat Copy of document--Permission for leading secondary evidence not to be declined merely on ground that ... ... (A) Evidence Act, 1872, S.65--Secondary Evidence--Photostat Copy ... and loss of the original document--Permission for leading secondary evidence not to be declined merely on ground that a photostat ... There is no absolute rule that photostat copy of a document is not admissible as secondary ev....
2013 0 Supreme(P&H) 1220 • India - Punjab and Haryana
PARAMJEET SINGH
Secondary Evidence--Photostat copy--When a party seeks to produce Photostat copy it has to lay foundational facts by proving that ... ... Secondary Evidence--Photostat copy--Allowing production of Photostat ... ... (A) Evidence Act, 1872, S.65--Secondary Evidence--Photostat copy ... While the Photostat copy of a document which is accurate reflection of original document is accepted as secondary evidence but it ha....
• India - Dishonour Of Cheque
U.DURGA PRASAD RAO
138 — Indian Evidence Act, 1872 — Section 65 (c) — Dishonour of cheque — Secondary ... Hence, he may be permitted to mark the photostat copy of the cheque available in the Court records as secondary evidence. The respondents/accused opposed the petition. The trial Court after enquiry allowed the petition permitting the complainant to mark the photostat copy as secondary evidence. ... In the said case he filed Crl.M.P.No.1 of 2011 under Section 63 of Indian Evidence Act to permit him to mark ph....
1999 0 Supreme(Raj) 718 • India - Rajasthan
B.J.SHETHNA
Evidence Act, 1872, Sec. 65 – Secondary evidence – Photostat copies – The photostat copies of the documents will be allowed as secondary ... copies of document as secondary evidence, trial court has not committed any error. ... when the original are not available – The bank documents are not made available in original – By giving permission to lead the photostat ... From the first part of the order, it is clear that while giving permission to lead the photostat copies....
2019 0 Supreme(P&H) 274 • India - Punjab and Haryana
JAISHREE THAKUR
(A) Evidence Act, 1872, S.65--Secondary Evidence--Photostat Copy--Photostat copy of a document is not admissible as secondary evidence ... (Para 15) ... (B) Evidence Act, 1872, S.65--Secondary Evidence--Photostat ... (Para 18) ... (C) Evidence Act, 1872, S.65--Secondary Evidence--Photostat ... In other words, photostat copy of a document is not admissible as secondary evidence unless proved to be genuine or is admi....
1992 0 Supreme(AP) 20 • India - Andhra Pradesh
I.P.RAO
Secondary Evidence - Agreement of Sale - The court allowed the plaintiff to file a photostat copy of the agreement of sale as ... Finding of the Court: The court allowed the plaintiff to file the photostat copy as secondary evidence, emphasizing ... Fact of the Case: The plaintiff sought permission to file a photostat copy of the agreement of sale as secondary evidence ... No. 94/89 requesting the Court to permit him to file the photostat copy of the agreement of ....
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