Evidence Act, 1872, Section 65B -- Tape recorded conversation - Original cassette by which ransom call was tape recorded - It is primary evidence - Certificate u/s 65-B of Evidence Act not required - However, for admission of secondary evidence of electronic record a certificate as contemplated by S.65-B of Evidence Act is mandatory...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Court has to examine probative value of document to be produced in Court or to decide question of admissibility of document in secondary evidence - Party has to lay down factual foundation to establish right to give secondary evidence where original document cannot be produced - Simply saying that original document has..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of pronote and receipt - Recovery suit - Pronote and receipt not proved on record as per provisions of Ss.63, 65 of the Act and photocopy of documents have no evidentiary value in eyes of law - Plaintiff stated that documents in question were lost but no complaint registered after missing of said documents -..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Certified copies of Will - Plaintiffs produced certified copies of Wills in question, as they are not in possession of original Wills - Since claim is on the basis of Will, it is for plaintiffs to plead and prove that testator had executed Will in a sound and disposing state of mind - It is not for defendant to plead..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photostat copy of a document - Admissible as secondary evidence only if it is proved to be genuine - Genuineness is to be proved either by examining the person concerned who prepared the report or by some other evidence...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photostat copy of CT scan report - Cannot be allowed as secondary evidence to be admitted in evidence, when same itself is of disputable character and original CT scan report was not produced at the inception...........
Evidence Act, 1872, Section 65 -- Secondary evidence - If a party wishes to lead secondary evidence, Court is obliged to examine probative value of document produced in Court or their contents and decide the question of admissibility of a document in secondary evidence...........
Evidence Act, 1872, Section 65(e) -- Secondary evidence - Certified copy of registered sale deed is secondary evidence of public record kept in Registrar's office and is admissible in evidence u/s 65(e), (f) of the Act...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Certified copy of certified copy of Judgment and decree - Admissible in evidence, particularly, when original judgment and decree was not traceable as record room caught fire and case file was burnt - Application rightly allowed...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Original documents misplaced - It is for the party to lay a factual foundation for leading secondary evidence - In the absence of a factual foundation secondary evidence is inadmissible...........
