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Private documents as evidence (Civil Law)

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This query is : Resolved


Author : Anonymous

Posted On 23 August 2011 at 17:16

If a private document is lost but is crucial for my legal case. Can I give an attested copy (attested/ certified as true copy by notary)).




Expert : Dr Anil Kumar Singh

Posted On 23 August 2011 at 17:56

You can but you have to prove its genuineness before the court



Expert : Ravikant Soni

Posted On 23 August 2011 at 18:02

But after following the procedure laid down in sec. 65 evidence act.



Expert : Thangapandian

Posted On 23 August 2011 at 18:34

YOU CAN PRODUCE.. BUT THE OTHER SIDE WILL MAKE STRONG OBJECTION.. YOU HAVE TO FACE IT..



Expert : K.S.Srinivas

Posted On 23 August 2011 at 18:45

The Indian Evidence Act,1872


65. Cases in which secondary evidence relating to documents may be given -



Secondary evidence may be given of the existence, condition or contents of a document in the following cases:



(a) When 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, or of any person out of reach of, or not subject to, the process of the Court, or of any person legally bound to produce it, and when, after the notice mentioned in Section 66, such person does not produce it;



(b) When the existence, condition or contents of the original have been proved to be admitted in writing by the person against whom it is proved or by his representative in interest;



(c) When the 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;



(d) When the original is of such a nature as not to be easily movable;



(e) When the original is a public document within the meaning of Section 74;



(f) When the original is a document of which a certified copy is permitted by this Act, or by any other law in force in 1India to be given in evidence2;



(g) When the originals consist of numerous accounts or other documents which cannot conveniently be examined in Court, and the fact to be proved is the general result of the whole collections.



In cases (a), (c) and (d), any secondary evidence of the contents of the documents is admissible.



In case (b), the written admission is admissible.



In case (e) or (f), a certified copy of the document, but no other kind of secondary evidence, is admissible.



In case (g), evidence may be given as to the general result of the documents by any person who has examined them, and who is skilled in the examination of such documents.



Expert : Advocate. Arunagiri

Posted On 23 August 2011 at 19:08

This will be treated as a secondary evidence. You have to prove the genuinity of the document.



Expert : prabhakar singh

Posted On 23 August 2011 at 20:59

ALL HAVE STATED CORRECT POSITION OF LAW,EVEN TEXT OF 65 IS THERE,NOTHING I NEED TO ADD.


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