Evidence
jyotirmaya behera
(Querist) 17 August 2014
This query is : Resolved
There are two (X and Y) organizations. X saying that he send to Y a letter for the cancelation of the agreement / contract but there have no prove of sending, then who have the original letter (document). If X produces the same letter as original then
how Y prove that the same letter is a fake document and it is created by X for their benefit?
Who had the original document ( sender or receiver)?
Y V Vishweshwar Rao
(Expert) 17 August 2014
The answer is in your Question! As the original is with X he has not sent the same to Y , Y need not prove any thing and the Original is produced by X .
jyotirmaya behera
(Querist) 17 August 2014
Mr.Y V Vishweshwar Rao i know what you say that is true.
By the way in evidence Sec. 63 and 79 never say this.
and
I want judgement regarding this.
Deepak Nair
(Expert) 17 August 2014
Here the proof of service will be considered.
Anirudh
(Expert) 17 August 2014
When Sec. 63 and Sec. 79 talks about Certified copies. Therefore, what Mr. Y.V.V. Rao said may not be and cannot be found in those sections.
In any case, what is required to be proved? and by whom?
If Y has to prove that he has not received any communication from X it is enough if Y makes an averment to that extent. Y need not prove any further. This is for the simple reason that no one will be able to prove a negative evidence.
In fact, it is the burden of X to prove that it has sent the communication to Y and that Y received it.
jyotirmaya behera
(Querist) 17 August 2014
Here there is no proof of service / communication.
my quire is Who have the original document ( sender or receiver)?
it is difficult to proof thats why
regarding this i need judgement
Anirudh
(Expert) 17 August 2014
Dear Jyotirmaya,
You have to clearly say - whether original is in anybody's hand? If you say it is with X, it means that he has not sent it. If it is with Y, unless Y produces it, X will not be able to prove that he had sent it and Y received it.
Law will provide the answer to the factual situation, and not for hypothetical situations. Yours is hypothetical and not factual and that is why the answer eludes you.
jyotirmaya behera
(Querist) 17 August 2014
Mr. Anirudh
yes
if X showing preliminary evidence instead of Y that means that is a created evidence by X.
Anirudh
(Expert) 17 August 2014
On the contrary, X will fail in his assertion that he despatched the document to Y (in which case the original cannot be in his "X's" hands.) As simple as that.
