AI Overview...
When Photocopy of Documents is Admissible
Main Points and Insights
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Photocopies as Documents: Photocopies are recognized as documents under the Civil Procedure Code (CPC) and Evidence Act, and can be considered as secondary evidence VIJAY LAXMI SHARMA VS DUSHYANT KUMAR SHARMA - Chhattisgarh.
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Admissibility as Secondary Evidence: Certified photocopies of sale deeds and other documents are generally admissible as secondary evidence, provided they are duly certified and genuine WASUDEO s/o JAGOBA WABHITKAR VS VILAS s/o TUKARAM TONGE - Bombay.
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Conditions for Admissibility: A photocopy can be admitted if it is proved to be genuine, prepared under proper circumstances, and its accuracy is established, often requiring comparison with the original Jai Prakash Singh VS State Of Bihar - Patna, Shankar Lal VS Civil Judge (Jr. Div. ) Shahpura - Rajasthan.
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Verification and Attestation: Attestation by a banker or authorized person without verification of the original does not necessarily disable the photocopy from being admissible, but proof of authenticity and proper verification enhance its credibility A. Sudershan VS Gowra Leasing And Finance Ltd - Telangana.
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Limitations and Exceptions: Photocopies that are insufficiently stamped, unregistered, or not properly verified may not be admissible as secondary evidence. The circumstances of preparation and possession of the original at the time of copying are crucial Shankar Lal VS Civil Judge (Jr. Div. ) Shahpura - Rajasthan.
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Procedural Aspects: The court's role involves evaluating objections to photocopies, and the admissibility should not be determined solely at the stage of taking documents on record but after proper assessment Punamchand Jeengar VS Satyanarayan - Rajasthan.
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Judicial Precedents: Courts have emphasized that photocopies can be admitted as secondary evidence if they meet criteria of authenticity, proper attestation, and are relevant to the case. The original document need not always be produced if the photocopy is proven to be genuine Abdul Rafi @ Abdul Rawoof, S/o. Abdul Rahman VS Venkataiah, died by L. Rs. - Telangana, C.J.MATHEW vs K.J.PAUL - Kerala.
Analysis and Conclusion
Photocopies of documents are generally admissible as secondary evidence under Indian law, provided they are proven to be genuine, properly prepared, and verified. Certification, attestation, and circumstances of preparation significantly influence their admissibility. Courts focus on establishing authenticity and ensuring that the photocopy accurately reflects the original, rather than requiring the original document itself, especially when the original is lost or unavailable. Proper procedural adherence and verification are essential to prevent rejection based on technicalities.
References: - VIJAY LAXMI SHARMA VS DUSHYANT KUMAR SHARMA - Chhattisgarh - WASUDEO s/o JAGOBA WABHITKAR VS VILAS s/o TUKARAM TONGE - Bombay - A. Sudershan VS Gowra Leasing And Finance Ltd - Telangana - Shankar Lal VS Civil Judge (Jr. Div. ) Shahpura - Rajasthan - Jai Prakash Singh VS State Of Bihar - Patna - Abdul Rafi @ Abdul Rawoof, S/o. Abdul Rahman VS Venkataiah, died by L. Rs. - Telangana - C.J.MATHEW vs K.J.PAUL - Kerala - Punamchand Jeengar VS Satyanarayan - Rajasthan
Search Results for "When Photocopy of Documents is Admissable"
2017 0 Supreme(Chh) 739 • India - Chhattisgarh
SANJAY K.AGRAWAL
is claimed or relied upon by him - Rejection of their application in part by the trial Court declining to take photocopy of documents ... 8 Rule 1-A of CPC - Held, Definitions of document found by me, a photocopy or a copy would also be a document. ... Thus it cannot be said that the provisions of the CPC for filing of documents necessarily relate to original documents. ... From all the aforesaid definitions of document found by me, a photo....
2005 0 Supreme(Bom) 1769 • India - Bombay
R.C.CHAVAN
establishes correctness of certified photocopy of sale deed - Certified photocopy of sale deed admissible as secondary evidence. ... In view of this, there should have been no difficulty in reading sale deed as a document admissible in evidence. ... Evidence Act, 1872 - Section 63 - Secondary evidence - Suit for recovery of possession - Rejection of - Validity of - Photocopy of ... In view of this, there should have been no difficulty in reading Article Dl as a document#HL_E....
2020 0 Supreme(Telangana) 477 • India - Telangana
SHAMEEM AKTHER
to file the attested copy – Secondary evidence – Petitioner to lead secondary evidence – Without there being original one, the photocopy ... Court from receiving the said documents – Even if secondary evidence is permitted to be lead, it will not amount to waiving the ... evidence – Attestation made by the banker on the documents in question without verification of the original would not disable the ... The attestation made by the banker on the documents in question without verification of the original would not disable ....
2006 0 Supreme(Raj) 1033 • India - Rajasthan
P.S.ASOPA
can be allowed to be adduced for Collateral purposes – The photocopy in question does not satisfy the circumstances for leading ... insufficiently stamped cannot be impounded under any circumstances but for unstamped and unregistered documents, secondary evidence ... Sec. 63 and 65; C.P.C., Sec. 151; Indian Stamps Act, 1899, Sec. 2(14) – Leading Secondary evidence in respect of photo copy of document ... ... In cases (a), (c) and (d), any secondary evidence of the contents of the documents is admissible#HL_END....
2006 0 Supreme(Pat) 605 • India - Patna
INDU PRABHA SINGH
at the time when the photocopy was prepared-Photocopy of a document is admissible as secondary evidence if it is proved to be genuine-The ... were the circumstances under which the photocopy was prepared and who was in possession of the original document at the time when ... the photocopy was taken and this must be about suspicion-In the present case prosecutor has not been able to specify when the photocopy ... In this decision the Hon ble Supreme C....
2019 0 Supreme(Telangana) 247 • India - Telangana
M.S.RAMACHANDRA RAO
Civil Procedure Code, 1908 – Order XIII – Rule 3 & 4 – Evidence Act, 1872 – Section 66 – Seeking to mark photocopy ... of same also alleged that he issued notice to petitioner to produce original of agreement of sale and photocopy of said agreement ... of same also alleged that he issued notice to petitioner to produce original of agreement of sale and photocopy of said agreement ... Counsel for the petitioner contended that when the existence and execution of the said agreement of sale was denied by the petitioner, and when the responden....
2015 Supreme(Online)(KER) 37254 • India - High Court of Kerala
K.ABRAHAM MATHEW, J
and procedural provisions regarding the return of marked documents. ... Final Decision: The original minutes book should be marked along with its photocopy. ... Issues: Whether the original minutes book should be marked as evidence despite a photocopy being previously marked. ... If the manipulation is evident only from the original document, the Sub Judge should have marked the original document. Learned counsel for the fourth respondent submits that after marking the original document#HL....
2019 0 Supreme(MP) 799 • India - Madhya Pradesh
RAJEEV KUMAR SHRIVASTAVA
During the trial, the applicant sought permission to file a photocopy of lost original documents as secondary evidence under section ... It clarified that a photocopy of the original document is not admissible as secondary evidence without comparison with the original ... It also clarified that a photocopy of the original document is not admissible as secondary evidence without comparison with the original ... Here, it is also clear that a ....
2015 Supreme(Online)(KER) 46483 • India - High Court of Kerala
, J
Issues: Whether the photocopy of a document can be admissible in evidence as secondary evidence without proof of its accuracy ... Evidence - Admissibility of Photocopy - Indian Evidence Act - Section 63(2) - The court held that a photocopy is not admissible ... Fact of the Case: J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ A photocopy ... In that case, it was held that there was no proof of the accuracy of the photocopy and there was nothing to show that the....
2021 0 Supreme(Raj) 1598 • India - Rajasthan
PUSHPENDRA SINGH BHATI
of documents should not be determined at the stage of taking them on record, emphasizing the need for a proper evaluation of objections ... 15.12.2009 into evidence, which the Trial Court had dismissed on grounds of it being a photocopy and not original. ... Fact of the Case: The petitioner challenged the rejection of an application to admit a photocopy of an agreement dated ... Arora contended that while taking the document on record, the Court is not required to see its admissibility may it be on the ground of the #H....
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