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KALAVAMPARA (ADVOCATE)     26 August 2014

Evidence accepable to court

I had filed a petition (A) before State Human rights commission. Now, I have filed a Suit for injunction in Munsiff court. Since the original petition(A) was filed before the Human Rights Commission, I have only a photostat copy of the same. My doubt is whether this photostat copy of the petition(A), which I had filed before State Human rights commission is admissible as secondary evidence in Court. Or else if I submit another signed original copy of the same petition in court, whether it is admissible as Primary Evidence of Petition(A). Experts may please advice OR ELSE, is it possible  to obtain a certified copy of petition(A) from State Human Rights Commission and produce it as secondary evidence in Court.

 1 Replies

adv.raghavan (Advocate,9444674980)     29 August 2014

I doubt  whether the case is accepted by the Munsiff court, as the act is clear on this:

the jurisdiction of the civil court may be excluded expressly or by clear implication arising from the scheme of the act where the legislature sets up a special tribunal to determine questions relating to rights and liabilities which are the creation of a statue the jurisdiction of the civil court would be deemed excluded by implication.

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