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    <title>2015 (11) TMI 1840 - Supreme Court</title>
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    <description>Secondary evidence of a disclaimer letter is admissible only where the party proves that the original is lost, destroyed, or otherwise unavailable without its own default, and also lays proper foundational proof that the copy is authentic. The Court treated primary evidence as the normal rule and held that admissibility of secondary evidence is distinct from proof of the document&#039;s contents and genuineness at trial. On the facts, the photocopy came from the defence estate office, the producing official was examined, and faded or illegible signatures did not by itself defeat the request. The High Court&#039;s refusal to permit secondary evidence was held unsustainable.</description>
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    <pubDate>Fri, 06 Nov 2015 00:00:00 +0530</pubDate>
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      <title>2015 (11) TMI 1840 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=295959</link>
      <description>Secondary evidence of a disclaimer letter is admissible only where the party proves that the original is lost, destroyed, or otherwise unavailable without its own default, and also lays proper foundational proof that the copy is authentic. The Court treated primary evidence as the normal rule and held that admissibility of secondary evidence is distinct from proof of the document&#039;s contents and genuineness at trial. On the facts, the photocopy came from the defence estate office, the producing official was examined, and faded or illegible signatures did not by itself defeat the request. The High Court&#039;s refusal to permit secondary evidence was held unsustainable.</description>
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      <pubDate>Fri, 06 Nov 2015 00:00:00 +0530</pubDate>
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