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(Guest)

Is faxed document a valid proof in matrimonail case

I have a few doctor's report which has been faxed to me from US. These faxed document has headers and all other details a fax has.

Since I can not call those doctors in court, my question us

My question is whether they will be admissible in court of law?  Will it be primary or secondary evidence if admissible?



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 3 Replies

pratik (self working)     22 August 2011

it is a secondary evidence as per the indian evidence act, 1872


(Guest)

I was reading indian evidence act  and it reads

 

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;.

 

In my case when the document is in posseion of US institution which is not subjected to court proceedings of India, Will my fax admitted as evidence?

 

 

 

Madala Venkata Rao (Profeesion)     22 August 2011

when the secondary evidence marked subject to objection, the burden of proof upon such person who produced the secondary evidece. hence if your documents will recieved subject to objection it is necessary to give oral evidnce for proving the secondary evidnce 


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