Copiestaken on record by court
inderjeet
(Querist) 24 June 2020
This query is : Resolved
In criminal case on the date of consideration I submitted photostat copies of documents to court and same were taken on record. My query is that if these documents taken on record by court does it have any valie and can certify copies be taken from court.
Guest
(Expert) 25 June 2020
Certainly you could apply for certified copies submitted by your self which could be an evidence of your submission. Discuss with your Advocate.
Dr J C Vashista
(Expert) 25 June 2020
Photocopy of any document can not be exhibited and read in evidence except for collateral purpose.
If you want to prove your case through documentary evidence (qua photostated copy, which you are stated to have been taken on record) you will have to obtain certified copy and call for original record of the Court where these documents are kept on judicial record.
Raj Kumar Makkad
(Expert) 25 June 2020
I do agree with expert Dr. Vashishtha ji and add that no certified copy of the documents of un-certified can be granted by any court of law, however, un-certified copies can definitely be obtained.
Rajendra K Goyal
(Expert) 25 June 2020
Agree with the advice from expert Dr. J.C. Vashishta ji.
Guest
(Expert) 25 June 2020
Refer the Supreme Court Orders in the matter of Rakesh Mahindra - Appellant -- VS -Anita Bheri & others pronounced by Honorable Justice M.Y.Eqbal in Civil Appeal No 13361 --2015. . Photostat Copies could be accepted the Order Confirms.
Guest
(Expert) 25 June 2020
Also Refer the Supreme Court Orders on May 14th 2020 pronounced by the Bench of Honorable Justice Navin Sinha and Krishna Murari Confirming the Same aspect in an different Case.. It also said " the Judgement ordered by High Court suffers from material irregularity and patent errors of law and not liable to be sustained " .
inderjeet
(Querist) 25 June 2020
In the interm order it was mentioned that applicant appeared and submitted documents and same taken on record. My query is can rhese be used as evidence.
Raj Kumar Makkad
(Expert) 25 June 2020
Of Course, such documents can be taken into evidence but the same are required to be proved as per provisions of Indian Evidence Act.
P. Venu
(Expert) 26 June 2020
The hon'ble Supreme Court had held in Rakesh Mohindra vs Anita Beri that secondary evidence could be accepted by the Court, but in exceptional cases. The court had held
"17. The 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, unable to produce the same which is beyond their control. The party sought to produce secondary evidence must establish for the non-production of primary evidence. Unless, it is established that the original documents is lost or destroyed or is being deliberately withheld by the party in respect of that document sought to be used, secondary evidence in respect of that document cannot accepted"
The Court, in this regard, had followed the ratio laid down in M. Chandra vs. M. Thangamuthu, (2010) 9 SCC 712
"..............“47. We do not agree with the reasoning of the High Court. It is true that a party who wishes to rely upon the contents of a document must adduce primary evidence of the contents, and only in the exceptional cases will secondary evidence be admissible. However, if secondary evidence is admissible, it may be adduced in any form in which it may be available, whether by production of a copy, duplicate copy of a copy, by oral evidence of the contents or in another form. The secondary evidence must be authenticated by foundational evidence that the alleged copy is in fact a true copy of the original. It should be emphasised that the exceptions to the rule requiring primary evidence are designed to provide relief in a case where a party is genuinely unable to produce the original through no fault of that party.”
Moreover, the Court had also hastened to conclude the decision with the following clarification:
"26. However, we make it clear that mere admission of secondary evidence, does not amount to its proof. The genuineness, correctness and existence of the document shall have to be established during the trial and the trial court shall record the reasons before relying on those secondary evidences."
The Apex Court's decision on 13th May 2020 in JAGMAIL SINGH vs. KARAMJIT SINGH has also been based on the same ratio and this case also the Court had clarified:
"19. The appellants would be entitled to lead secondary evidence in respect of the Will in question. It is, however, clarified that such admission of secondary evidence automatically does not attest to its authenticity, truthfulness or genuineness which will have to be established during the course of trial in accordance with law."
However, the facts posted by the author do not suggest any exceptional circumstances which could constitute the preconditions for acceptance of secondary evidence.
Raj Kumar Makkad
(Expert) 26 June 2020
The reply put forth by expert P. Venu is a value addition to the query, however, it do not meet the requirement of the query.
Rajendra K Goyal
(Expert) 26 June 2020
Good law reference provided by the experts on the subject. Author would be able to have guidance.
Raj Kumar Makkad
(Expert) 26 June 2020
It is the prime-requirement that the author respond against the replies he has got from Ld. experts and if he puts more facts, the replies may be offered accordingly.
P. Venu
(Expert) 27 June 2020
Mr. Raj Kumar Makkad:
Kindly enlighten me how my suggestion posted above "do not meet the requirement of the query".
Thanks in advance.
Rajendra K Goyal
(Expert) 27 June 2020
Agree with the expert Raj Kumar Makkad, response from author is essential for proper guidance.
