Application Not Necessary For Producing Secondary Evidence : SC [Read Judgment]
4 years, 11 months ago

Application Not Necessary For Producing Secondary Evidence : SC [Read Judgment]

Live Law  

In a judgment delivered on March 19, the Supreme Court has held that there is no need to file an application seeking permission to produce secondary evidence.The secondary evidence cannot be ousted for consideration only because an application for permission to lead secondary evidence was not filed, observed the Court.This decision was given by a bench comprising Justices L Nageswara Rao. In a judgment delivered on March 19, the Supreme Court has held that there is no need to file an application seeking permission to produce secondary evidence. The secondary evidence cannot be ousted for consideration only because an application for permission to lead secondary evidence was not filed, observed the Court. A party to the lis may choose to file an application which is required to be considered by the trial court but if any party to the suit has laid foundation of leading of secondary evidence, either in the plaint or in evidence, the secondary evidence cannot be ousted for consideration only because an application for permission to lead secondary evidence was not filed."

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History of this topic

Section 319 CrPC | Merits Of Evidence Has To Be Appreciated Only During Trial; Not At Stage Of Summoning Accused : Supreme Court
1 year, 7 months ago

Section 319 CrPC | Merits Of Evidence Has To Be Appreciated Only During Trial; Not At Stage Of Summoning Accused : Supreme Court

Live Law  

The Supreme Court observed that the merits of the evidence has to be appreciated only during trial and not at the stage of Section 319 CrPC.In this case, an application under Section 319 CrPC was moved before the Trial Court and the same was allowed. The Supreme Court observed that the merits of the evidence has to be appreciated only …

Simple & Necessary Inquiry To Be Conducted While Examining Prima Facie Case For Discharge U/Sec 227 CrPC: Supreme Court
2 years, 6 months ago

Simple & Necessary Inquiry To Be Conducted While Examining Prima Facie Case For Discharge U/Sec 227 CrPC: Supreme Court

Live Law  

The Supreme Court observed that a simple and necessary inquiry can be conducted while considering discharge plea to find out whether a prima facie case is made out.The threshold of scrutiny required to adjudicate an application under Section 227 Cr.P.C. The Supreme Court observed that a simple and necessary inquiry can be conducted while considering discharge plea to find out …

Supreme Court Half Yearly Digest 2022 (Jan - Jun) EVIDENCE ACT- With Parallel Citations
2 years, 7 months ago

Supreme Court Half Yearly Digest 2022 (Jan - Jun) EVIDENCE ACT- With Parallel Citations

Live Law  

Evidence Act, 1872 - "Matters" - Matters are necessary, concomitant material factors to prove a fact. Rajesh Yadav v. State of U.P., 2022 LiveLaw 137 : 2022 SCALE 135 Evidence Act, 1872 - A mere non -examination of the witness per se will not vitiate the case of the prosecution. Rajesh Yadav v. State of U.P., 2022 LiveLaw 137 : …

Section 106 Evidence Act Applies To Cases Where Chain Of Events Has Been Successfully Established By The Prosecution: Supreme Court
2 years, 10 months ago

Section 106 Evidence Act Applies To Cases Where Chain Of Events Has Been Successfully Established By The Prosecution: Supreme Court

Live Law  

The Supreme Court observed that the Section 106 of the Indian Evidence Act applies to cases where chain of events has been successfully established by the prosecution, from which a reasonable inference is made out against the accused.In a case based on circumstantial evidence, whenever an incriminating question is posed to the accused and he or she either evades response, …

Secondary Evidence Can Be Permitted To Be Produced If The Party Establishes Factual Foundation For The Same: SC [Read Judgment]
4 years, 10 months ago

Secondary Evidence Can Be Permitted To Be Produced If The Party Establishes Factual Foundation For The Same: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a court can permit a party to produce secondary evidence if he establishes a factual foundation for producing the same. In this case, the plaintiffs in a suit for declaration filed an application before the Trial Court under Section 65 and 66 of the Indian Evidence Act seeking permission to prove the copy of …

Signed Carbon Copy Prepared In Same Process As Original Document Is Primary Evidence Under Sec.62 Evidence Act : SC [Read Order]
5 years, 4 months ago

Signed Carbon Copy Prepared In Same Process As Original Document Is Primary Evidence Under Sec.62 Evidence Act : SC [Read Order]

Live Law  

The Supreme Court has held that signed carbon copy prepared in the same process as the original document is admissible in evidence as the original document as per Section 62 of the Indian Evidence Act.On this ground, the bench comprising Justices Deepak Gupta and Aniruddha Bose set aside a judgment passed by the Punjab and Haryana High Court which had …

Party Not In Possession Of Device From Which Electronic Document Is Produced Need Not Produce Sec. 65B Certificate: SC [Read Order]
7 years, 1 month ago

Party Not In Possession Of Device From Which Electronic Document Is Produced Need Not Produce Sec. 65B Certificate: SC [Read Order]

Live Law  

The applicability of requirement of certificate being procedural can be relaxed by Court wherever interest of justice so justifies, the bench observed.The Supreme Court has clarified that a party who is not in possession of device from which the electronic document is produced, cannot be required to produce certificate under Section 65B of the Evidence Act.A bench of Justice AK …

Party Not In Possession Of Device From Which Electronic Document Is Produced Need Not Produce Sec. 65B Certificate: SC [Read Order]
7 years, 1 month ago

Party Not In Possession Of Device From Which Electronic Document Is Produced Need Not Produce Sec. 65B Certificate: SC [Read Order]

Live Law  

The applicability of requirement of certificate being procedural can be relaxed by Court wherever interest of justice so justifies, the bench observed.The Supreme Court has clarified that a party who is not in possession of device from which the electronic document is produced, cannot be required to produce certificate under Section 65B of the Evidence Act.A bench of Justice AK …

No Need Of Permission To Lead Secondary Evidence Before Trial Court Under Evidence Act: Bombay HC [Read Judgment]
7 years, 4 months ago

No Need Of Permission To Lead Secondary Evidence Before Trial Court Under Evidence Act: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has said there is no need to seek permission for leading secondary evidence under Section 65 of the Indian Evidence Act before any Court.Justice GS Patel was hearing a writ petition against an order of a trial court wherein an early application under S.65 of the Evidence Act was filed seeking ‘permission’ for proving contents of …

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