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copy to copy document can not be received as secondary evidence
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Showing posts with label
copy to copy document can not be received as secondary evidence
.
Show all posts
Saturday, October 20, 2012
Copy to Copy ? whether the document sought to be relied upon by the petitioners would fit into sub-section (2) of Section 63 of the Act. The provision reads: "Secondary evidence - Secondary evidence means and includes- (1) certified copies given under the provisions hereinafter contained; (2) copies made from the original by mechanical processes which in themselves ensure the accuracy of the copy, and copies compared with such copies; (3) copies made from or compared with the original; (4) counterparts of documents as against the parties who did not execute them; (5) oral accounts of the contents of a document given by some person who has himself seen it." - it is evident that a copy of a copy, which is mechanically reproduced from the original, can also be received as secondary evidence. However, there must be an authenticity or certification of the first copy from the original. It is only when there is no dispute about the copy generated from the original document, that a further copy generated from such undisputed copy, can be treated as secondary evidence. In the instant case, the petitioners state that the original of the document was presented before the RDO for impounding, and that the same was returned to them. There was no occasion much less necessity for the RDO to certify any copy on comparison with the original. If the copy said to have been retained by him, does not fit into the secondary evidence, another copy generated from it cannot be treated as secondary evidence. The trial Court has taken the correct view. Hence, the C.R.P. is dismissed.
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THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.122 of 2012 13.09.2012 Dangu @ Kadamenda Y...
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