Evidence Act, 1872, Section 65 -- Secondary evidence - If a document is required to be stamped is not sufficiently stamped, then a copy of such document as secondary evidence cannot be adduced...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Law as to - (a) Law requires the best evidence to be given first, that is, primary evidence; (b) S.63 of the Evidence Act provides a list of the kinds of documents that can be produced as secondary evidence, which is admissible only in the absence of primary evidence; (c) If the original document is available, it has..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Exact status of documents in question cannot be ascertained as one party claims that other has said documents and other has allegedly stated that it was with her counsel - However, said documents could not be recovered from said counsel as per records - In such situation, presentation of secondary evidence can be..........
Evidence Act, 1872, Section 65B -- Electronic evidence - There is difference between original information contained in a computer itself and copies made therefrom - Former is primary evidence and latter is secondary one - Certificate u/s 65-B of the Act is unnecessary when original document (i.e primary evidence) itself is produced. (2020(7) SCC 1)..........
Evidence Act, 1872, Section 32 -- Dying declaration - Non examination of scribe - If scribe, for reasons beyond control, such as incapacitation or death, would be unavailable, it would be open for the prosecution to take necessary aid of secondary evidence - Unexplained non-examination would render the case to be doubtful if not, land a fatal blow to the prosecution case...........
Indian Penal Code, 1860, Section 420, 409, 474, 471, 477A, 109, 120B, Prevention of Corruption Act, 1988, Section 13(i)(d), 7 -- Selling and using bus tickets got printed by the accused of their own and thus causing loss to the Govt. - Recovery of tickets not made in accordance with law, nor the seized tickets could be connected to the three different buses and the..........
Evidence Act, 1872, Section 65 -- Secondary evidence - For secondary evidence to be admitted, foundational evidence has to be given being reasons as to why original evidence has not been furnished...........
Evidence Act, 1872, Section 65 -- Secondary evidence - An application is not required to be filed in terms of S.65(c) of the Act - If foundation for leading secondary evidence is there either in plaint or in evidence then secondary evidence cannot be ousted for consideration only because an application to lead secondary evidence was not filed...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Will - Certified copy obtained from the office of Sub Registrar - Photocopy of Will also produced - Will stated to be lost - Execution of Will admitted by plaintiff but alleged to be result of fraud and misrepresentation - Once evidence of defendants is that original Will was lost and certified copy is produced,..........
Limitation Act, 1963, Article 65, 66, 67, Transfer of Property Act, 1882, Section 111, Evidence Act, 1872, Section 62, 64 -- Suit for possession by landlord - Plea of limitation by tenant on basis of notice served by landlord in proceedings before Reference Court - Notice not produced by tenant in suit for possession either in form of primary evidence or secondary evidence..........
