AI Overview...
- Zerox Copy as Secondary Evidence - Main points and insights:
- A xerox (photocopy) of a document can be admitted as secondary evidence under the Indian Evidence Act, provided proper foundation is laid, and the original is unavailable, destroyed, or lost Canara Bank VS Testeels Ltd. - Dishonour Of Cheque, Arun Kumar VS Special Judge, NDPS - Rajasthan, SURINDER KAUR VS SARDAR MANGAL SINGH - Delhi.
- The admissibility depends on establishing the authenticity of the xerox copy through proper foundation, such as proof of loss or destruction of the original, and authentication by a competent person Canara Bank VS Testeels Ltd. - Dishonour Of Cheque, Arun Kumar VS Special Judge, NDPS - Rajasthan, SURINDER KAUR VS SARDAR MANGAL SINGH - Delhi.
- In cases where the original document is not produced, courts generally require that the party seeking to admit the xerox copy demonstrate that the original cannot be produced despite reasonable efforts Gurmeet Singh S/o Tej Singh VS State of Rajasthan - Rajasthan, Keshu Ram S/o Sh. Laxman Ram VS Sonaki Bai W/o Raju Ram D/o Salu Ram - Rajasthan.
- Certification or affidavits may be used to support the secondary evidence, but an application to admit such evidence must be filed, and the court must be satisfied of the circumstances justifying its use Canara Bank VS Testeels Ltd. - Dishonour Of Cheque, Keshu Ram S/o Sh. Laxman Ram VS Sonaki Bai W/o Raju Ram D/o Salu Ram - Rajasthan.
- The court's discretion plays a role in admitting secondary evidence, including xerox copies, especially when the original is unavailable, provided the foundational requirements are satisfied Arun Kumar VS Special Judge, NDPS - Rajasthan.
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Photostat copies or photocopies are generally considered secondary evidence, and their admissibility hinges on proper authentication and proof of non-availability of the original RAMDAS BHATU CHAUDHARY since deceased through LRs. VS ANANT CHUNILAL KATE - Bombay, Arun Kumar VS Special Judge, NDPS - Rajasthan.
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Analysis and Conclusion:
- Xerox copies are recognized as valid secondary evidence under Indian law, but their admissibility is conditional upon establishing the loss or unavailability of the original and proper authentication.
- Courts exercise discretion to admit xerox copies, emphasizing the importance of foundational evidence and procedural compliance.
- The requirement of a certificate under Section 65B of the Evidence Act is mandatory for electronic or digital secondary evidence, such as CD recordings, but not necessarily for physical xerox copies unless specified Raju Shantaram Kakphale VS State of Maharashtra - Bombay.
- Overall, xerox copies can be accepted as secondary evidence if the party proves the original's absence and authenticates the copy, aligning with the provisions of the Evidence Act.
Search Results for "Zerox Copy Whether Secondary Evidence"
1988 0 Supreme(Kar) 519 • India - Karnataka
M.P.CHANDRAKANTARAJ
Admissibility of the certified copy of Form No. 7 as evidence Ratio Decidendi: Certified copy of a document is admissible as ... Land Reforms - Appeal against dropping from proceedings - Admissibility of certified copy as evidence - Remand for fresh decision ... of the application should be admissible as evidence. ... should have directed itself to the question whether the zerox copy which purported to be a zerox #....
2005 0 Supreme(Guj) 479 • India - Gujarat
C.K.BUCH
Saurin Shah has fairly accepted that the point of primary evidence and secondary evidence may not be gone into by this Court at this stage and respondents accused would not object the production even if zerox copy or compared zerox copy by the competent Court or court machinery is brought on record as ... How, this document should be brought, whether original should be kept with the trial Court or whether zerox tru....
• India - Dishonour Of Cheque
S.S.PARKAR
regard to the deed of guarantee allegedly executed by the respondent No. 3 and secondly on the point whether the adhesive stamp ... by filing affidavits of evidence. ... It had already relied on the deed of guarantee by producing zerox copy thereof instead of the original. ... Firstly, though the zerox copy of the deed of guarantee was produced before the D.R.T. there was no application filed by the bank to allow it to lead secondary evidence. ... In....
2017 0 Supreme(Raj) 326 • India - Rajasthan
P.K.LOHRA
Scan Report as secondary evidence - The party which seeks to produce secondary evidence must establish for the non-production of ... that document sought to be used – Until then secondary evidence in respect of that document cannot be accepted - It is only when ... same party is not entitled to introduce secondary evidence of its contents - Neither of the party has been able to show as to why ... However, if secondary evid....
2017 0 Supreme(Raj) 464 • India - Rajasthan
DINESH MEHTA
order - plaint and they reiterated - petitioners have challenged order passed by Senior Civil Judge - Seeking permission to lead secondary ... Evidence Act, 1872 -Section 65 - Constitution of India,1950 - Article 227 - Agreement to sell - Assailing ... evidence in respect of an agreement to sell - Writ petition are that plaintiffs filed a suit for specific performance of an agreement ... In that situation, it will be trial within trial if no preliminary enquiry is held for finding out, whether there was original docu....
2011 0 Supreme(Kar) 141 • India - Karnataka
K.L.MANJUNATH, H.G.RAMESH
evidence - Held, Secondary evidence, cannot be allowed. ... Manjunath & H.S.Kempanna, JJ] Productiion of secondary evidence - Xerox copy of Will sought to be produced on ground that original ... EVIDENCE ACT, 1872 - Section 65: [K.L. ... ... 2) Whether the defendant had laid the foundation in order to lead secondary evidence in the absence of the original will? ... 3) Whether the findings of th....
2006 0 Supreme(Bom) 1162 • India - Bombay
S.B.DESHMUKH
Evidence Act, 1872 - Sections 62 and 65 - Photo stat copy of original agreement of sale - Whether admissible in evidence - There ... is no evidence led on behalf of the defendants as to who has obtained said photo stat copy ’marked Article D’ and as to whether it ... secondary evidence - Leading secondary evidence - Permissibility - When secondary evidence relat....
2009 0 Supreme(Del) 280 • India - Delhi
MANMOHAN
Evidence Act, 1872 Section 65 - Secondary evidence - Application should be allowed only when a court is absolutely sure that original ... petitioner as destroyed or-lost - Petitioner took no steps to either summon or issue a notice to concerned persons to find out as to whether ... ... In case (e) or (f), a certified copy of the document, but no other kind of secondary evidence, is admissible. ... Cases in which secondary evidence ....
2018 0 Supreme(Raj) 610 • India - Rajasthan
PUSHPENDRA SINGH BHATI
EVIDENCE ACT, 1872 - SECTION 65 - SECONDARY EVIDENCE - ADMISSIBILITY - COURT'S DISCRETION - PRODUCTION OF PHOTOSTAT COPY OF AGREEMENT ... secondary evidence, including photostat copies, in certain circumstances. ... of secondary evidence, including photostat copies, in certain circumstances. ... The secondary evidence must be authenticated by foundational evidence that the alleged copy#H....
2021 0 Supreme(Bom) 147 • India - Bombay
SANDEEP K.SHINDE
Issues: The key issue was whether the prosecution could prove beyond reasonable doubt that the appellant demanded and accepted ... offense under the Prevention of Corruption Act, and mere receipt of the amount by the accused is not sufficient in the absence of evidence ... The conversation stored in the C.D. being ‘electronic evidence’ of secondary, in nature, Certificate under Section 65B of the Evidence Act is mandatory. Prosecution has not produced a Certificate contemplated under Section 65-B of th....
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