secondary evidence. There
is no question of examining the secondary evidence first at the stage
of considering the application for leave. If the secondary evidence ... submitted that if primary evidence is available,
secondary evidence of the contents of private document is
inadmissible and before secondary evidence is tendered
contents of documents may be proved either by primary or secondary evidence. Primary evidence means the documentary evidence produced for inspection of the Court. Therefore ... contents of documents may be proved either by primary or secondary evidence. Primary evidence means the documentary evidence produced for inspection of the Court. Therefore
documents may be proved either by primary or secondary evidence.
62. Primary evidence.- Primary evidence means the documents itself produced for the inspection ... common original, they are not primary evidence of the contents of the original.
63. Secondary evidence.- Secondary evidence means and includes--
(1) certified copies given
primary evidence. The secondary evidence of a document is defined by Section 63 which I may read:--
" Section 63 Secondary Evidence. Secondary evidence means ... primary evidence but by secondary evidence. But where there is no secondary evidence as contemplated by Section 65 of the Evidence Act then the document
marked under Evidence Act . It is submitted under Evidence Act , only piece of evidence that are admissible are primary evidence and secondary evidence. Primary evidence ... both sides.
10. Section 62 and 63 of Evidence Act deal with primary evidence and secondary evidence. It is admitted that
explained the secondary evidence can be
allowed. The Hon'ble Apex Court in the said judgment
has held that secondary evidence could be given ... evidence are laid in
respect of primary evidence, the copies of the said
primary evidence produced in the absence of original
document becomes good secondary
documents may be proved either by primary or by secondary evidence.
62. Primary evidence--Primary evidence means the document itself produced for the inspection ... original, they are not primary evidence of the contents of the parties executing it.
63. Secondary evidence--Secondary evidence means and includes--
(1) certified copies
oral evidence."
23. Section 62 of 'the Act' defines "Primary evidence" as follows -
"Primary evidence - Primary evidence means ... making request to lead secondary
evidence stating the reasons why leading secondary evidence is
necessary.
36. Therefore, before tendering secondary evidence, laying foundation is sine
introduce secondary evidence of its contents.
8. Essentially, secondary evidence is an evidence which may be given in the absence of that better evidence which ... Indian Evidence Act :
"64. Proof of documents by primary evidence.Documents must be proved by primary evidence except in the cases hereinafter mentioned
that secondary evidence "means and
includes" the five kinds of evidence mentioned therein. Section
65 of the Evidence Act allows secondary evidence ... introduce secondary evidence of its
contents. Essentially, secondary evidence is an evidence which
may be given in the absence of that better evidence which
