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    <title>2015 (4) TMI 1317 - HYDERABAD HIGH COURT</title>
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    <description>Secondary evidence of a cheque may be admitted under Section 65(c) of the Indian Evidence Act only when the party lays a factual foundation showing that the original was filed, the copy produced is an exact copy, and the original is lost or otherwise unavailable for reasons not attributable to the party&#039;s default. On the facts, those requirements were treated as satisfied, and the absence of the counsel&#039;s supporting affidavit did not defeat the request. Admission of the photostat copy did not amount to proof of its contents, so the defence was not prejudiced merely by marking the document. The challenge to permission for secondary evidence was rejected, and the complainant remained entitled to prove the cheque in accordance with law.</description>
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    <pubDate>Wed, 22 Apr 2015 00:00:00 +0530</pubDate>
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      <title>2015 (4) TMI 1317 - HYDERABAD HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=295957</link>
      <description>Secondary evidence of a cheque may be admitted under Section 65(c) of the Indian Evidence Act only when the party lays a factual foundation showing that the original was filed, the copy produced is an exact copy, and the original is lost or otherwise unavailable for reasons not attributable to the party&#039;s default. On the facts, those requirements were treated as satisfied, and the absence of the counsel&#039;s supporting affidavit did not defeat the request. Admission of the photostat copy did not amount to proof of its contents, so the defence was not prejudiced merely by marking the document. The challenge to permission for secondary evidence was rejected, and the complainant remained entitled to prove the cheque in accordance with law.</description>
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      <pubDate>Wed, 22 Apr 2015 00:00:00 +0530</pubDate>
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