AI Overview...
- Section 65 of the Indian Evidence Act - Main points and insights:
- Defines what constitutes secondary evidence and sets the conditions for its admissibility when the original document is unavailable, lost, or cannot be produced Chumman Singh VS State Of Bihar - Patna, Bhola Prasad VS Nabi Rasul Mian - Patna, Raghbir Singh VS Sarita Sharma - Punjab and Haryana, P. K. Gupta VS Varinder Sharma - Punjab and Haryana, P. Balraj VS A. Pochalah - Andhra Pradesh, PATEL CHANDUBHAI ISHVERBHAI VS PATEL MOTIBHAI lallubhai - Gujarat.
- Emphasizes that the party relying on secondary evidence must prove the existence and proper custody of the original document, and establish that it is unavailable for legitimate reasons Raghbir Singh VS Sarita Sharma - Punjab and Haryana, Hari Singh VS Shish Ram - Punjab and Haryana, PATEL CHANDUBHAI ISHVERBHAI VS PATEL MOTIBHAI lallubhai - Gujarat.
- The section categorizes types of secondary evidence, including copies, electronic records, and evidence of contents when originals are lost or destroyed Chumman Singh VS State Of Bihar - Patna, Raghbir Singh VS Sarita Sharma - Punjab and Haryana.
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The admissibility hinges on fulfilling specific legal conditions, such as proof of loss, destruction, or unavailability of the original, and proper foundation laid for secondary evidence Bhola Prasad VS Nabi Rasul Mian - Patna, P. K. Gupta VS Varinder Sharma - Punjab and Haryana, P. Balraj VS A. Pochalah - Andhra Pradesh.
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Analysis and Conclusion:
- Sec. 65 of the Indian Evidence Act provides a framework for admitting secondary evidence in court, balancing the need for evidence with the practical impossibility of producing original documents.
- Courts require strict adherence to procedural requirements, including proof of the original's existence, custody, and reasons for its unavailability, to prevent misuse Hari Singh VS Shish Ram - Punjab and Haryana, PATEL CHANDUBHAI ISHVERBHAI VS PATEL MOTIBHAI lallubhai - Gujarat.
- The section is frequently invoked in cases involving documents like sale deeds, partition deeds, and agreements where originals are lost or destroyed, ensuring fair adjudication based on secondary evidence Chumman Singh VS State Of Bihar - Patna, Mukhtiar Singh VS Bant Singh - Punjab and Haryana, P. Balraj VS A. Pochalah - Andhra Pradesh.
- Proper notice under Sec. 66 may also be necessary when the original is in possession of another party, reinforcing the procedural safeguards for secondary evidence Shanti Devi VS Harbans Singh - Punjab and Haryana.
References: - Chumman Singh VS State Of Bihar - Patna - Bhola Prasad VS Nabi Rasul Mian - Patna - Raghbir Singh VS Sarita Sharma - Punjab and Haryana - P. K. Gupta VS Varinder Sharma - Punjab and Haryana - P. Balraj VS A. Pochalah - Andhra Pradesh - Hari Singh VS Shish Ram - Punjab and Haryana - PATEL CHANDUBHAI ISHVERBHAI VS PATEL MOTIBHAI lallubhai - Gujarat - Mukhtiar Singh VS Bant Singh - Punjab and Haryana - Shanti Devi VS Harbans Singh - Punjab and Haryana
Search Results for "Sec 65 of Indian Evidence Act"
2006 0 Supreme(Pat) 655 • India - Patna
INDU PRABHA SINGH
. 65 of the Indian Evidence Act. ... Carbon Copy - Admissibility in Evidence - Sec. 62, Sec. 65 of the Indian Evidence Act - The court discussed the admissibility ... the original documents and complying with the legal provisions of sec. 65 of the Indian Evidence Act. ... The only question for consideration b....
2007 0 Supreme(Pat) 36 • India - Patna
RAMESH KUMAR DATTA
Indian Evidence Act - Secondary Evidence - Sec. 63, Sec. 65 - Mst. Bibi Aisha and Others vs. ... the petitioners had fulfilled the conditions under Sec. 65 of the Indian Evidence Act. ... deed as per Sec. 63 and Sec. 65 of the Indian Evidence Act, and the refusal to mark th....
2002 0 Supreme(P&H) 488 • India - Punjab and Haryana
M.M.KUMAR
Secondary Evidence - Motor Vehicles Act, 1988 - Sec. 166 - Sec. 65(c) of the Indian Evidence Act, 1872 - Sec. 169 of the Motor ... Ratio Decidendi: The court held that sec. 65(c) of the Indian Evidence Act allows for the admissibility of secondary evidence ... applicability of the strict rules of evidence un....
2002 0 Supreme(P&H) 301 • India - Punjab and Haryana
M.M.KUMAR
It highlighted the principles of Sec. 65 of the Indian Evidence Act, 1872, and the requirement to lay a proper foundation for adducing ... 65 of the Indian Evidence Act, 1872 Fact of the Case: Plaintiff-petitioner filed a civil suit for recovery based on ... secondary evidence. ... Kartar Kaur, 1993 (2) PLR 452 and argued that unless the existence and execution of the original is proved, secondary eviden....
1990 0 Supreme(P&H) 775 • India - Punjab and Haryana
ASHOK BHAN
Ratio Decidendi: The court relied on Sec.65 and Sec.66 of the Indian Evidence Act, which allow for the use of secondary evidence ... of a family partition under Sec.65 of the Indian Evidence Act, as the original document was not produced and the person in possession ... Issues: The main issue was the admissibility of secondary evidence of the partition deed un....
1992 0 Supreme(AP) 20 • India - Andhra Pradesh
I.P.RAO
secondary evidence under Sec. 65 (c) of the Indian Evidence Act, as the original document was lost while in the custody of the Sub-Registrar ... Ratio Decidendi: The court relied on Sec. 65 (c) of the Indian Evidence Act, which allows for the admission of secondary evidence ... Secondary Evidence - Agreement of Sale - The court allowed the plaintiff to file a p....
2002 0 Supreme(P&H) 512 • India - Punjab and Haryana
M.M.KUMAR
. 65 of the Indian Evidence Act. ... evidence, and the party seeking to adduce secondary evidence must prove the existence of the document as per Sec. 65 of the Indian ... Evidence Act. ... Another submission made by the learned counsel is that the plaintiff-petitioner has failed to prove the existence of the document within the meaning of Sec. 65 of the #HL_STA....
1990 0 Supreme(Guj) 211 • India - Gujarat
V.H.BHAIRAVIA
as per the provisions of Sec.65 of the Indian Evidence Act. ... Evidence Act, 1872-Secs. 65-Sale deed-Certified copy of. ... ... The document Exh. 94 is a secondary evidence and it should be proved ... It is an admitted that the document Exh. 94 is a secondary evidence and it should be proved as per the provisions of sec. 65 of the Indian Evidence#HL_....
2021 0 Supreme(Bom) 1734 • India - Bombay
MANISH PITALE
. 65-B of the Indian Evidence Act. ... . 65-B of the Evidence Act. ... EVIDENCE ACT - OBJECTION - Sec. 65-B, Sec. 138, Sec. 139 Fact of the Case: The original plaintiffs challenged an ... . 65-B of the Indian Evidence Act, has been rejected and cross examination has been permitted regarding....
1990 0 Supreme(P&H) 364 • India - Punjab and Haryana
J.V.GUPTA
the original will and without giving notice under Sec.66 of the Indian Evidence Act. ... of the Indian Evidence Act are proved to exist. ... secondary evidence, emphasizing the necessity of notice under Sec.66 of the Indian Evidence Act to the person in possession of the ... According to the learned counsel for the plaintiff-petitioner the question of leading second try #HL_START....
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