Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopies of documents - No witness from prosecution deposed that document in question with certified copy seal are photocopies made from original by mechanical processes and ensures accuracy of copy - In alternate some of witnesses have admitted that they have not seen original - Prosecution thus, failed to disclose..........
Evidence Act, 1872, Section 65B(4), 63, 65 -- Electronic evidence - Requirement of certificate u/s 65-B(4) - Requirement of furnishing certificate is applicable only when such electronic evidence is produced by a person who is in a position to produce such certificate being in control of said device and not of the opposite party - In a case where electronic evidence is..........
Evidence Act, 1872, Section 65B(4), 63, 65 -- Electronic evidence - Secondary evidence - In a case where electronic evidence is produced by a party who is not in possession of a device, applicability of Ss.63 & 65 of the Act cannot be excluded - In such case, procedure under the said sections can certainly be invoked...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 65 -- Dishonour of cheque - Summons - Notice of appeal not accepted by accused - All possible tactics are adopted by accused to delay the matter by avoiding services - Exercise of power u/s 65 Cr.P.C which necessitates direction from Court to affix notice/summons on address of accused,..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Pre-condition for allowing secondary evidence - Court should be satisfied that appropriate steps having been taken by concerned party for producing original documents which are not in possession and which are stated to be in possession of the other person - However, if original documents could not be produced and..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Attested copy of complaint - Does not fall under category of `public document' - Not admissible as secondary evidence at argument stage...........
Evidence Act, 1872, Section 65 -- Secondary evidence - It is incumbent upon party invoking S.65 of the Act, to establish that document in respect of which permission to lead secondary evidence is sought, in fact existed - Mere assertion of existence of a documents is not sufficient...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of original - Obligation to explain circumstances including time, place and reason in which photocopy of original was made and situation in which such photocopy came into hands of applicant seeking to rely upon photocopy is pre-requisite of leading secondary evidence...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of agreements to sell - Plaintiff failed to satisfy essential test qua photocopy of agreements to sell - No specific averments were made in plaint as regard to these agreements to sell - More so, despite of denial of said agreements to sell in written statement, no application u/s 65 of the Act was moved for..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of agreement to sell - Photocopy mechanically prepared copy from original and generally assures accuracy - Photocopy of agreement therefore, comes within sweep of secondary evidence and such secondary evidence is permissible u/s 65(c) of the Act...........
