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...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopy of agreement to sell - Original agreements stolen from record of trial Court, for which investigation/inquiry is pending and photocopy of those documents is on record - Trial Court thus, committed no error in admitting photocopy of documents as secondary evidence - Admissibility of these documents can be..........
Evidence Act, 1872, Section 65 -- Secondary evidence - To file an application for leading secondary evidence is simply wrong - No such application is at all maintainable or even desirable - Leave to lead secondary evidence is completely unnecessary and a party may always place before the Trial Court secondary evidence as contemplated by the Evidence Act without such leave...........
Electricity Act, 2003, Section 65 -- Electricity bill - Issued under industrial category instead of horticulture connection - Horticulture and fisheries by conscious decision brought on par with metered supply as applicable to agricultural tube well pump sets with different energy charge in respect of u, metered supply - Hence, finding of appellate Court that tariff..........
Evidence Act, 1872, Section 65(c) -- Photostat copies - Proof thereof - Mere exhibition of document does not dispense with proof of its execution - Photostat copies of the documents are required to be proved in terms of their execution at later stage...........
