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Attestation

(Querist) 09 February 2012 This query is : Resolved 
a person filed a case in the court on the basis of a photocopy of a document attested by the gazzetted officer in order to prove it to be as good as original . does such sdocument attested by gazzetted officer legal/valid ? can it be considered as an evidence in court ? it is pertinent to note that original is not available . thanks
ajay sethi (Expert) 09 February 2012
you have to lead secondary evdence . when was original lost how xerox copies were made .in whose presence . etc
M/s. Y-not legal services (Expert) 09 February 2012
"notary attested documents are just secondary evidence only"

very few notary advocates only being perfect with their ethics.. most of they are just doing attestation for just money..

if i give 100 rupees mean i can get his attestation..

-tom-
Bhawani Mahapatra (Expert) 09 February 2012
First of all let me know whether the documennt was a public document, then it can be reissued/obtained by the authority who had issued it earlier. Secondly the genuineness of the document can also be ascertained by the court from the witnessess in presence of whom, it was signed, or the person/officer who had attested the document. The document is a photocopy that doesn't means that it has no value in the eye of evidence law.
Devajyoti Barman (Expert) 09 February 2012
yes all have rightly guided.
V R SHROFF (Expert) 09 February 2012
If original is misplaced, lost or cannot be produced, secondary evidence can be produced and proved with other relevant evidences,

Court will consider it's weightage.

well advised .
Raj Kumar Makkad (Expert) 09 February 2012
Study section 65 & 66 of Evidence Act which prescribe that prior permission of court is must before production of such evidence.
prabhakar singh (Expert) 10 February 2012
Only on proof of loss of original,secondary evidence can be adduced by permission of court.


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