AI Overview...
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Xerox Copy as Secondary Evidence - Courts generally consider Xerox copies as secondary evidence under the Indian Evidence Act, primarily Sections 65 and 66. The admissibility depends on whether the accuracy of the copy is disputed and whether proper procedures are followed for marking such evidence. Several cases highlight that Xerox copies can be admitted if they are verified and not contested M. Aruna VS Trilok Kumar Sanghi - Andhra PradeshYogi Raj Ambekar vs Smt. A.Savitha Rani - TelanganaD. Sarasu VS Jayalakshmi - MadrasK. S. Ponnappa VS K. S. Bheemaiah - KarnatakaParameswari vs V.Saravanan - MadrasK. Abhuthakir VS G. K. Thangavel - MadrasD.Benet Antony Raj vs M.Gunasekaran - MadrasG. Parimala VS Rajesh Bhatia - Andhra PradeshAmutha Beellarmine Corera VS Elsie Villavarayer - Madras.
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Conditions for Admission - The courts emphasize that Xerox copies should be presented with proper foundation, and the parties must not deny their accuracy without valid reasons. Denial without written admission can preclude their acceptance as secondary evidence Yogi Raj Ambekar vs Smt. A.Savitha Rani - TelanganaAmutha Beellarmine Corera VS Elsie Villavarayer - Madras.
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Court Discretion & Procedural Aspects - The courts have discretion to allow or reject Xerox copies based on the circumstances, such as timing (e.g., late-stage attempts) and whether the evidence is substantial and relevant. For example, attempts to mark Xerox copies after the closure of evidence are often dismissed D.Benet Antony Raj vs M.Gunasekaran - Madras.
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Legal Provisions Referenced - The key legal provisions involved are Sections 63, 65, and 66 of the Indian Evidence Act, which define the nature of primary and secondary evidence, and the conditions under which copies can be admitted. The Indian Stamp Act (Sections 35 and 36) was also referenced in some cases concerning documents like partition lists and agreements.
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Limitations & Court Rulings - Courts tend to reject Xerox copies when their accuracy is disputed or when they are produced at an unreasonable stage of proceedings. The principle is to prevent dubious or unverified copies from affecting the integrity of evidence Venkatraman VS Ramesh - MadrasD.Benet Antony Raj vs M.Gunasekaran - Madras.
Analysis and Conclusion
Xerox copies are generally admissible as secondary evidence under the Indian Evidence Act, provided their authenticity is not challenged and proper procedures are followed. Courts exercise caution to prevent unreliable copies from being admitted, especially if they are produced late or without proper verification. The core principle is to ensure the integrity of evidence while enabling the use of copies where appropriate M. Aruna VS Trilok Kumar Sanghi - Andhra PradeshYogi Raj Ambekar vs Smt. A.Savitha Rani - TelanganaD. Sarasu VS Jayalakshmi - Madras.
References:
- M. Aruna VS Trilok Kumar Sanghi - Andhra Pradesh
- Yogi Raj Ambekar vs Smt. A.Savitha Rani - Telangana
- D. Sarasu VS Jayalakshmi - Madras
- K. S. Ponnappa VS K. S. Bheemaiah - Karnataka
- Parameswari vs V.Saravanan - Madras
- K. Abhuthakir VS G. K. Thangavel - Madras
- D.Benet Antony Raj vs M.Gunasekaran - Madras
- G. Parimala VS Rajesh Bhatia - Andhra Pradesh
- Amutha Beellarmine Corera VS Elsie Villavarayer - Madras
Search Results for "Xerox Copy Mark Evidence"
2009 0 Supreme(AP) 81 • India - Andhra Pradesh
P.S.NARAYANA
evidence and secondary evidence and during the course of chief- Examination refusing to mark Xerox copy as primary evidence would ... praying for permission to mark Xerox copy of statement said to be in handwriting of son of respondent-defendant - Application was ... Indian Evidence Act, 1872 - Section 65 , 66 and 74 - Indian Stamp Act - Sections 35 and 36 - Petitioner-plaintiff ... It is also stated that he retain....
2025 Supreme(Online)(Tel) 15765 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
RENUKA YARA, J
(A) Indian Evidence Act - Section 65 - Secondary evidence - Petition to mark xerox copy of Will Deed as secondary evidence dismissed ... ... ... Issues: The main issue was whether the xerox copy of the Will Deed could be admitted as secondary evidence when its existence ... admitting secondary evidence, particularly emphasizing that denial without written admission precludes such evidence. ... A....
2001 0 Supreme(Mad) 390 • India - Madras
P.SATHASIVAM
the xerox copy of the partition list as secondary evidence and proceed with the trial. ... , the xerox copy of the partition list could be marked as secondary evidence through P.W.6. ... Indian Evidence Act - Partition List - Section 65(a), 66, 62, 63 - The court allowed the marking of a xerox copy of the partition ... xerox copy of the partition list can be marked through P.W.6 as a secondary #HL....
2015 0 Supreme(Kar) 1231 • India - Karnataka
B.MANOHAR
Manohar, J] Secondary evidence - Suit for partition and separate possession - Plaintiffs wanted to mark the xerox copy of the agreement ... INDIAN EVIDENCE ACT, 1872 - Sections 65, 66: [B. ... of sale as secondary evidence - defendants denied the existence of the agreement of sale - On the other hand, they contended that ... No. 8 seeking permission to mark the Xerox copy of the agreement of sale as secondary evidence#HL_E....
2009 0 Supreme(Mad) 636 • India - Madras
G.RAJASURIA
63 of the Indian Evidence Act and the principle that a xerox-copy of a document before the civil Court cannot be entertained due ... Xerox-Copy - Civil Revision Petition - The court dismissed the application to mark a xerox-copy of a document, citing Section ... by entertaining dubious evidence. ... The ratiocination behind such embargo for marking xerox-copy is that valuable civil right of a pers....
2025 Supreme(Online)(MAD) 13300 • India - High Court of Madras
R.VIJAYAKUMAR, J
Indian Evidence Act , seeking permission of the Court to mark a Xerox copy of the unregistered Will as a secondary evidence. ... Xerox copy of an unregistered Will as a secondary evidence invoking Sections 65 and 66 of the a href="./.. ... The plaintiff in his application in I.A.No.6 of 2024 has given proper reasons for producing a Xerox copy of an unregistered Will as a secondary evidence. The tr....
2021 0 Supreme(Mad) 995 • India - Madras
V.BHAVANI SUBBAROYAN
Constitution of India, 1950 - Article 227 - Indian Evidence Act - Sections 63, 65 and 66 - Civil Procedure ... borrow any money from plaintiff/petitioner herein - Held, There is no illegality in adopting such stand by trial Court wherein evidence ... The learned counsel for the petitioner would submit that the xerox copy of the document cannot be allowed as evidence for any purpose to mark even as secondary evidence which is not emanated from the correct origin and th....
2025 Supreme(Online)(Mad) 63279 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Dhandapani, J
The petitioner's attempt to introduce a xerox copy of the partition list was dismissed as not qualifying as substantial evidence. ... This judgment involves the dismissal of Civil Revision Petitions seeking to set aside a trial court's order regarding evidence admissibility ... A perusal of the record reveals that the petitioner seeks to mark a xerox copy of the partition list dated 22.02.1979 at a belated stage, after closure of evidence. ... Accord....
2003 0 Supreme(AP) 302 • India - Andhra Pradesh
G.ROHINI
No. 1079 of 2002 seeking permission of the Court to mark a xerox copy of the undertaking dated 18-3-2001 as secondary evidence. ... Therefore, it was prayed that he may be permitted to mark the xerox copy of the said undertaking dated 18-3-2001 as secondary evidence. ... copy of the said document as secondary evidence. ... copy of the said document can be received as secondary evidence#H....
2007 0 Supreme(Mad) 1175 • India - Madras
S.NAGAMUTHU
Indian Evidence Act, 1872-Sections 63 and 65-Admissibility of Xerox copy of original document in evidence -Xerox copy sought to be ... proved in evidence has to be termed as secondary evidence if accuracy of the said copy is not disputed-Orders dismissing the application ... Therefore, I.A.No.555 of 2005 was filed by the petitioner/ defendant to permit her to mark the said xerox copy#HL_....
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