secondary evidence Archives

Documents unavailability no ground for secondary evidence

Non-traceability or unavailability of documents cannot constitute a foundation to lead secondary evidence: Bombay High Court

The petitioner’s submission that the documents are not immediately available/traceable is not supported by any affidavit and the application appears to have been signed only by the counsel. Thus, petitioner’s contention about absence of original documents only based on bare statement in an application cannot be straightway accepted.

Case Briefs High Courts

Chh HC | Secondary evidence not permissible if the original documents are not produced at any time nor has any factual foundation been laid for giving secondary evidence

Chhattisgarh High Court: Sanjay K Agrawal, J., allowed the appeal and set aside the impugned orders of the First Appellate Court being

Case Briefs High Courts

Del HC | No prior permission required to be taken by party seeking to lead secondary evidence; law on S. 65 of Evidence Act explained

Delhi High Court: Sanjeev Sachdeva, J. while holding that no prejudice was caused to the petitioner, dismissed his petition filed against the order

Case Briefs Supreme Court

HC cannot sit as an appellate court while hearing revision under S. 397 CrPC

Supreme Court: In a matter where the Gujarat High Court had set aside the order passed by a Chief Judicial Magistrate who

Case Briefs High Courts

Mere permission to produce documents as secondary evidence does not amount to admittance of evidence by the court

Bombay High Court: A Single Judge Bench comprising of Shalini Phansalkar Joshi, J. heard a petition challenging the order of the trial