Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of documents for comparison of thumb-impression cannot be sent to Forensic Science Laboratory - But plaintiff shall be at liberty to produce on record the copy of written statement along with list of reliance of documents, in a suit for recovery, as an evidence, in support of the defence...........
Evidence Act, 1872, Section 65 -- Secondary evidence of rent note - Rent not was unregistered and not stamped whereas it was a document which was compulsorily registrable - Secondary evidence of a document which required registration cannot be allowed - Application rejected...........
Evidence Act, 1872, Section 65B -- Electronic record - S.65-B of the Act insists for certificate qua authenticity of electronic evidence, without making any distinction of `Primary' or `Secondary' evidence, unlike other documentary evidence...........
Evidence Act, 1872, Section 63 -- Secondary evidence - Photostat copy neither certified copy nor copy made from original by mechanical processes which ensure accuracy of copy - Photostat copy cannot be termed as secondary evidence...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photostat copy of document - Will being inadmissible as evidence for want of probate - Hence, its photostat copy/secondary evidence cannot be tendered in evidence - Rejection of application u/s 65 Evidence Act, proper...........
Evidence Act, 1872, Section 65, 76, 77 -- Secondary evidence - Certified copies of documents submitted before public authorities are covered within definition of public document u/s 76 of the Act and thus, admissible in evidence u/s 77 of the Act, without calling either for original or witness concerned - Contention of defendant that said documents are in the nature of..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Certified copy of a document not the original with the Registering Authority, not covered by S.65(e) of Evidence Act...........
Evidence Act, 1872, Section 65, Civil Procedure Code, 1908, Order 21, Rule 22 -- Execution - Application for production of secondary evidence - Petitioners did not aver that the pre-conditions set out in S.66 of Evidence Act to produce secondary evidence were satisfied and originals of documents in issue were lost - No affidavit was filed in support of application -..........
Evidence Act, 1872, Section 65, 74, Registration Act, 1908, Section 61(2) -- Secondary evidence can only be of documents made from the original - As per S.61(2) of Registration Act, originals of registered Wills, registered release deed and also registered adoption deed must necessarily be returned to beneficiaries - Photocopies of such document kept with Sub Registrar..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Framing of issues to decide application for secondary evidence - Documents whether exists or not, destroyed or not, or are in the possession of same person or not or can be produced before Court or whether secondary evidence is to be allowed or not - Held, Court below is within its right to frame issues in this regard..........
