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photocopy in evidence

Querist : Anonymous (Querist) 19 February 2011 This query is : Resolved 
Sir,

Can a photocopy of legal notice sent be admissible in evidence if original in not produced.

It would be great thx if some case law can be provided on the same

Regards,
Kirti Kar Tripathi (Expert) 19 February 2011
if it is admitted by the opposite party, it is admissible otherwise not, you have to prove it by producing original.
Arvind Singh Chauhan (Expert) 19 February 2011
Yes it is admissible but it has to be corroborated with other evidence as by oral evidence of who sent the notice, receipt and other record of post office etc.
G. ARAVINTHAN (Expert) 19 February 2011
Yes. Since it is an office copy and original is with the other party, it can be exhibited before the court as primary evidence
barun deka (Expert) 19 February 2011
Yes it can be proved by way of Secondary evidence if the clauses of Section 65 of the Evidence Act are satisfied.

Advocate. Arunagiri (Expert) 19 February 2011
The photocopy is admissible subject to the conditions under 65 of the IEA.
Devajyoti Barman (Expert) 19 February 2011
Yes by virtue of section 65 of the Evidence Act.
People seem to have not satisfied by posting same query once.
Ajay Bansal (Expert) 19 February 2011
Agreed with Devajyoti etc.
Basavaraj (Expert) 19 February 2011
this already resolved, however, photo copy can be submitted as evidence as suggested by Arunagiri
Kirti Kar Tripathi (Expert) 19 February 2011
find the attachment on the subject.
Sarvesh Kumar Sharma Advocate (Expert) 19 February 2011
photocopy is secondery evidence.
sorry for case law.


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