- Secondary Evidence ....... Requirements
- Basically secondary evidence relating to documents may be given subject to fulfilment of following condition required by Evidence Act with the permission of court.
- If the original is shown or appears to be in the possession or power of the person against whom the document is sought to be proved.
- If original document is not produced after the notice mentioned in Section 66 of Evidence Act served.
- When the existence , condition or contents of the original have been provided to be admitted in writing by the person against whom it is proved or by his representative in interest.
- When original has been destroyed or lost or when the party offering evidence of its contents cannot , for any other reason not arising from his own default or neglect , produce it in reasonable time.
- When original is of such nature as not to be easily movable.
- When original is a public document.
- When original is document of which a certified copy is permitted by Evidence Act or by any other law in force in India to be given in evidence.
- When original consists of numerous accounts or other documents which cannot conveniently be examined in court .
= = Relevant Provision = = =
- Section 65/66/74 of The Indian Evidence Act 1872.
_ _ _ _ Relevant Judgement _ _ _
-Jagmail Sing & Anr v/s Karamjit Singh & Ors 2021 SAR 86.
- Kashibai Jadhav v/s Yamunabai Jadhav 2017(7) All.M.R.525.
- Rakes Mahindra v/s Anita Beti 2016 All SCR 1.
- H.Siddiqui v/s A.Ramalingam A.I.R.2011 S.C.1492 = 2011(4)M.L.J.(S.C.) 88.
- U.Sree v/s U.Srinivas A.I.R.2013 S.C.2013= 2013 SAR 175.
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