Articles for Secondary Evidence

Plaintiff Can't File Documents As Per Its Whims And Fancies At Any Stage Of Commercial Suit: Delhi High Court In Zee v. Saregama
1 month ago

Plaintiff Can't File Documents As Per Its Whims And Fancies At Any Stage Of Commercial Suit: Delhi High Court In Zee v. Saregama

Live Law  

The Delhi High Court has ruled that a plaintiff cannot be permitted to file documents as per its whims and fancies at any stage of a commercial suit. “The whole purpose of expeditious disposal of commercial suits would be frustrated if the parties are permitted to file additional documents at any stage of the suit,” Justice Amit Bansal said. Justice …

Evidence Court Secondary Evidence Documents Suit File Zee
Telangana HC: Photocopy of Document Cannot Be Stamped
2 months, 1 week ago

Telangana HC: Photocopy of Document Cannot Be Stamped

Deccan Chronicle  

Hyderabad: Justice Surepalli Nanda of the Telangana High Court ruled that a document’s photocopy cannot be stamped with a penalty. Having lost it and some other papers, the petitioner lodged a police complaint in Danthalapally, which issued a certificate to the effect that the same could not be traced, the original having not been in the custody of the petitioner, …

Court Secondary Evidence Judge Telangana Original Plaintiff Document
Patna High Court Annual Digest 2024
2 months, 2 weeks ago

Patna High Court Annual Digest 2024

Live Law  

Nominal Index Ajay Kumar Mahto vs The State of Bihar and Ors 2024 LiveLaw 1 M/s Flipkart Internet Pvt vs The State of Bihar and Ors 2024 LiveLaw 2 Ravi Shankar and Anr vs The State of Bihar and Ors 2024 LiveLaw 3 M/s Nav Nirman Construction vs The Union of India & Ors 2024 LiveLaw 4 Urmila Devi Jain …

High Court Board Bihar Sexual Assault Constitution Court Family Court
Madhya Pradesh High Court Annual Digest Part II : Citations 134-338
2 months, 3 weeks ago

Madhya Pradesh High Court Annual Digest Part II : Citations 134-338

Live Law  

Citations: 2024 LiveLaw 134 to 2024 LiveLaw 338 Married Woman Cannot Prosecute Accused For Rape On False Promise To Marry, Her Consent Not Based On Misconception: MP High Court Case Title: Abhishek Arjariya Vs. Music Band Training Optional For Police Constables, Can't Send Them For Band Practice Without Written Consent: MP High Court Case Title: Pankaj Shukla And Others Versus …

Madhya Pradesh High Court High Court Family Court Registrar Warning Signs Secondary Evidence Customs
[S.74 Evidence Act] Certified Copy Of Registered Sale Deed Is A Public Document, Can Be Produced As Secondary Evidence: Patna High Court
7 months, 4 weeks ago

[S.74 Evidence Act] Certified Copy Of Registered Sale Deed Is A Public Document, Can Be Produced As Secondary Evidence: Patna High Court

Live Law  

The Patna High Court observed that the certified copy of the registered sale deed kept as a public record in the Registrar's office would be considered a public document and could be produced as secondary evidence under Section 74 of the Evidence Act, 1872.“A certified copy of a registered document is a certified copy of public document. The Patna High …

Evidence Court Evidence Act Secondary Evidence Sale Public Registered
S. 65-B Of Indian Evidence Act Only Pertains To Production Of Electronic Records, Not Physical Documents: Jharkhand High Court Clarifies
8 months, 1 week ago

S. 65-B Of Indian Evidence Act Only Pertains To Production Of Electronic Records, Not Physical Documents: Jharkhand High Court Clarifies

Live Law  

The Jharkhand High Court has clarified that Section 65-B of the Indian Evidence Act, 1872 applies to the presentation of electronic evidence, and not physical documents. In this case, the Additional Civil Judge rejected a petition filed under Section 65 of the Indian Evidence Act to accept photocopies of bank drafts and money receipts as secondary evidence. The Court in …

Evidence Court Secondary Evidence Indian Bank Order Act
Bharatiya Nyaya Sanhita Comes Into Effect From Today: Sexual Crimes Against Men, Transgender To Be Included: Laws Explained
8 months, 3 weeks ago

Bharatiya Nyaya Sanhita Comes Into Effect From Today: Sexual Crimes Against Men, Transgender To Be Included: Laws Explained

News 18  

From today, the new criminal laws, the Bharatiya Nyaya Sanhita, the Bharatiya Nagrik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam, will be applicable across the country despite some objections from the Opposition-ruled states. In February, the Centre had notified that the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and the Bharatiya Sakshya Adhiniyam — will come into effect from July 1, …

India Evidence Secondary Evidence Criminal Men Courts Act
Supreme Court Annual Digest 2023- Indian Evidence Act, 1872
1 year, 2 months ago

Supreme Court Annual Digest 2023- Indian Evidence Act, 1872

Live Law  

Absconding Effects of Absconding - Mere absconding by itself cannot constitute a sole factor to convict a person. 2023 LiveLaw 814 Law with regard to conviction based upon circumstantial evidence - Circumstances from which the conclusion of guilt is to be drawn should be fully established - Circumstances concerned “must or should” and not “may be” established - There is …

Supreme Court Evidence Court Evidence Act Secondary Evidence Medical Evidence Police Custody
Certified Copy Of Sale Deed Is Secondary Evidence U/S 63 Evidence Act, Does Not Prove Its Execution: Tripura High Court
2 years, 1 month ago

Certified Copy Of Sale Deed Is Secondary Evidence U/S 63 Evidence Act, Does Not Prove Its Execution: Tripura High Court

Live Law  

The Tripura High Court has held that a certified copy of a sale deed is secondary evidence under Section 63 of the Evidence Act which acknowledges/recognizes the existence, conditions and contents of a Sale deed, but notits execution. Adjudicating upon the matter Justice Lodh observed that the certified copy of the sale deed, when exhibited by the Court without any …

Evidence Court Secondary Evidence Execution Copy Prove Deed
Production Of Certificate U/S 65B(4) Evidence Act Not Necessary To Obtain Voice Sample Of Accused For Further Probe: PH High Court
2 years, 11 months ago

Production Of Certificate U/S 65B(4) Evidence Act Not Necessary To Obtain Voice Sample Of Accused For Further Probe: PH High Court

Live Law  

The Punjab and Haryana High Court has observed that at the stage of filing an application by the prosecution to obtain the voice sample of the accused for the purposes of further investigation, the production of a certificate under Section 65B of the Evidence Act is not necessary.The Bench of Justice Avneesh Jhingan observes thus as it relied upon the …

Evidence Court Secondary Evidence Patiala Punjab Act Certificate
Uphaar Tragedy- Should Ansal Brothers Be Out During Pendency Of Appeal When A Court Has Already Found Them Guilty?: Delhi HC
3 years, 2 months ago

Uphaar Tragedy- Should Ansal Brothers Be Out During Pendency Of Appeal When A Court Has Already Found Them Guilty?: Delhi HC

Live Law  

The Delhi High Court on Wednesday continued the hearing in the plea filed by real estate barons Sushil Ansal and Gopal Ansal, seeking suspension of their seven-year jail terms in the evidence tampering case in connection with the Uphaar fire tragedy that happened in the year 1997.During the course of the hearing, the Bench of Justice Subramonium Prasad stressed that …

Evidence Court Cinema Secondary Evidence Documents Brothers Hearing
Suspension Of Sentence Of Ansal Brothers Will Trigger Mental Trauma, Agony Of Uphaar Tragedy Victims: Prosecution To Delhi Court
3 years, 4 months ago

Suspension Of Sentence Of Ansal Brothers Will Trigger Mental Trauma, Agony Of Uphaar Tragedy Victims: Prosecution To Delhi Court

Live Law  

The prosecution has opposed the plea of real estate barons Sushil Ansal and Gopal Ansal for suspension of the 7 year jail term awarded to them in the evidence tampering case in connection with the Uphaar fire tragedy that happened in the year 1997.Additional Public Prosecutor AT Ansari told a Sessions Court that the suspension of their sentence just after …

Evidence Court Secondary Evidence Documents Order Suspension Sentence
Uphaar Fire Tragedy: Delhi Court Sentences Sushil & Gopal Ansal To 7 Yrs Imprisonment In Evidence Tampering Case
3 years, 4 months ago

Uphaar Fire Tragedy: Delhi Court Sentences Sushil & Gopal Ansal To 7 Yrs Imprisonment In Evidence Tampering Case

Live Law  

A Delhi Court has sentenced real estate barons Sushil Ansal, Gopal Ansal and others to 7 years of simple imprisoned in the evidence tampering case in connection with the Uphaar fire tragedy that happened in the year 1997.Chief Metropolitan Magistrate Pankaj Sharma also imposed a fine of Rs. A Delhi Court has sentenced real estate barons Sushil Ansal, Gopal Ansal …

Evidence Court Secondary Evidence Documents Case Nights Gopal
Pride and Prejudice of Certificate Under Section 65B(4), Indian Evidence Act 1872
4 years, 5 months ago

Pride and Prejudice of Certificate Under Section 65B(4), Indian Evidence Act 1872

Live Law  

Exactly twenty years ago on 17.10.2000, amendments were introduced to the Indian Evidence Act, 1872 by way of Section 65A and 65B prescribing the procedure to prove electronic records as secondary evidence. Therefore, the Court while overruling the decision in Navjot Sandhu held that electronic evidence, being secondary evidence, would only be admissible if the mandate of Section 65B is …

India Court Secondary Evidence Prosecution Prejudice State Act
Arjun Panditrao Decision- The Time To Revisit S.65B Of Indian Evidence Act: A Scientific Legal Analysis
4 years, 6 months ago

Arjun Panditrao Decision- The Time To Revisit S.65B Of Indian Evidence Act: A Scientific Legal Analysis

Live Law  

"Every new time will give its law" The need for production of a certificate under Section 65-B would arise when the electronic record is sought to be produced in evidence at the trial. Basheer & Ors is the authoritative law of the land on Section 65B of the said Act and therefore certificate required under Section 65B is a condition …

Record Canada Court Evidence Act Secondary Evidence Criminal Procedure Indian
The Law Of Electronic Evidence,The Error Continues
4 years, 7 months ago

The Law Of Electronic Evidence,The Error Continues

Live Law  

Sir, James Stephen, the propounder of the Indian Evidence Act 1872, has used three words with respect to the law of evidence: - Relevancy Admissibility Appreciation Whereas Relevancy pertains to quality/ character of the facts, Admissibility pertains to how the evidence is to be put forth and Appreciation is application of judicial mind to reaching conclusions. Since, all these sections …

Law Record Supreme Court English Court Secondary Evidence Records
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 …

Evidence Court Secondary Evidence Foundation Produce Observed Secondary
Application Not Necessary For Producing Secondary Evidence : SC [Read Judgment]
5 years 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 …

Evidence Court Secondary Evidence Application Secondary No Need
No Need To Seek Leave For Leading Secondary Evidence, Reiterates Bombay HC; Directs Circulation Of Order [Read Order]
7 years, 4 months ago

No Need To Seek Leave For Leading Secondary Evidence, Reiterates Bombay HC; Directs Circulation Of Order [Read Order]

Live Law  

The Bombay High Court has reiterated the law set out in the recent case of Kartik Gangadhar Bhat vs Nirmala Namdeo Wagh, and said under the Evidence Act, there is no provision to seek leave for leading secondary evidence and directed the circulation of the judgment to every ‘civil judge in the State of Maharashtra’.Justice GS Patel passed the judgment …

Judgment Evidence Court Civil Secondary Evidence Bank Order
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 …

Trial Evidence Court Evidence Act Secondary Evidence Trial Court Application
Electronic Record Inadmissible If Section 65B Certificate Isn’t Produced: SC [Read Judgment]
8 years, 4 months ago

Electronic Record Inadmissible If Section 65B Certificate Isn’t Produced: SC [Read Judgment]

Live Law  

The Supreme Court in Harpal Singh @ Chhota Vs. State Of Punjab, has reiterated that any electronic record in the form of secondary evidence cannot be admitted in evidence unless a certificate under Section 65B of the Evidence Act is produced.In the instant case, the prosecution had produced printed copy of the computer generated call details kept in usual ordinary …

Record Evidence Court Secondary Evidence Certificate Section 65B 65B
Electronic Record Inadmissible If Section 65B Certificate Isn’t Produced: SC [Read Judgment]
8 years, 4 months ago

Electronic Record Inadmissible If Section 65B Certificate Isn’t Produced: SC [Read Judgment]

Live Law  

The Supreme Court in Harpal Singh @ Chhota Vs. State Of Punjab, has reiterated that any electronic record in the form of secondary evidence cannot be admitted in evidence unless a certificate under Section 65B of the Evidence Act is produced.In the instant case, the prosecution had produced printed copy of the computer generated call details kept in usual ordinary …

Record Evidence Court Secondary Evidence Certificate Section 65B 65B
Pin-hole camera recordings Admissible in Evidence; Rajasthan HC [Read Judgment]
8 years, 9 months ago

Pin-hole camera recordings Admissible in Evidence; Rajasthan HC [Read Judgment]

Live Law  

Benefit of ‘Privilege Communication between Husband and Wife’ not available in Family Court Proceedings, said the Court.The High Court of Rajasthan has held that Family court can admit the evidence in the form of Pin Hole camera with a hard disk memory on which a recording was done, as Primary evidence and Section 65 B of Evidence Act is not …

Family Evidence Court Family Court Secondary Evidence Proceedings Act
Illegible signatures in some document not a ground to reject Secondary Evidence; Supreme Court [Read Judgment]
9 years, 4 months ago

Illegible signatures in some document not a ground to reject Secondary Evidence; Supreme Court [Read Judgment]

Live Law  

The Supreme Court has held that merely because the signatures in some of the documents were not legible and visible that cannot be a ground to reject the secondary evidence. The court observed that pre-conditions for leading secondary evidence are that such original documents could not be produced by the party relied upon such documents in spite of best efforts, …

Supreme Court Evidence Court Secondary Evidence Trial Court Documents This Case