Evidence Act, 1872, Section 65 -- Secondary evidence - Offer of secondary evidence can be at best impeached in cross examination - It will be for Court to examine and decide as to whether it will be appropriate to rely upon such secondary evidence or not for want of compliance of S.65 of the Act - In case Court finds secondary evidence not reliable, Court is at liberty to..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Can be led by exhibiting the same at the relevant stage, even if same was objected to by opposite party - Document can be received in evidence without commenting upon its authenticity and genuineness at that stage - After receiving document in evidence with objection, trial Court can examine admissibility and..........
Evidence Act, 1872, Section 65 -- Secondary evidence - At the stage of arguments - No evidence was led by plaintiff in affirmative nor any such evidence was brought in rebuttal - Even the evidence of plaintiff was closed by way of statement of Counsel appearing on his behalf - Said order of closing was never assailed by plaintiff in any forum - Filing of application at..........
Evidence Act, 1872, Section 45 -- Comparison of signatures - Comparison of signatures is permissible only with the original document and not with signatures on a photocopy of document...........
Evidence Act, 1872, Section 3, Criminal Procedure Code, 1973, Section 207 -- Document - Any evidence intended to establish information expressed on any substance de hors substance, evidence is documentary - Conversely if it relates to substance it is a material object...........
Evidence Act, 1872, Section 3, Criminal Procedure Code, 1973, Section 207 -- Documentary evidence also involves physical objects like written documents, photographs, cassette, DVD or memory card - However, when evidence is documentary, physical objects are only carriers of evidence - They are not evidence by itself...........
Criminal Procedure Code, 1973, Section 207 -- Documentary evidence - Memory card created by accused contemporaneously recorded on mobile, along with commission of offence, does not itself displace status of memory card as document - Memory card itself is end product of crime - It is hence a material object and not a documentary evidence - Copy of memory card thus, cannot..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Evidentiary value - FIR as such is not substantive evidence - It may be used either to corroborate informant u/s 157 of Evidence Act or to contradict him u/s 145 of Evidence Act, when he is called as a witness...........
Evidence Act, 1872, Section 25 -- Confession - Statement of accused which is purely in the nature of confession or admission with regard to motive, preparation or commission of offences for which he is charged, cannot be proved against him in view of bar contained in S.25 of the Act - It is immaterial whether said confession was made by accused before his arrest or while..........
Evidence Act, 1872, Section 25 -- Confession made to police - Admissibility - Evidence of PW2, police officer with regard to information of cognizable offences given by accused, being a confession made to police officer cannot be proved against him in violation of bar contained in S.25 of the Act...........
