...Evidence Act. The Evidence Act imposed no bar to the reception of oral evidence by way of secondary evidence to prove the terms of the agreement to lease which was in writing and...the document. Clearly secondary evidence either by way of oral evidence of the contents of the unstamped document or the copy of it covered by Section 63 ...based on the same ground can be raised at a later stage. But this in no way extends the applicability of Section 36 to secondary evidence adduced or sought to be adduced in proof of the contents of a ...

...10, 1979, permitting the leading of secondary evidence of the alleged agreement had been challenged.2. The learned counsel for the petitioner does not contest the finding of the trial court ...’ would be tendered in evidence. The legal proposition that the secondary evidence of a document which is unstamped cannot be allowed has not been seriously disputed. Otherwise, also, this matter ...and admissible in evidence and (2) that one of the conditions enumerated is section 65 of the Indian Evidence Act entitling the leading of secondary evidence ha...

...produced; and, accordingly, secondary evidence of its contents cannot be given. To hold otherwise would be to add to the Act a provision which it does not contain. Payment of penalty will not render ...party seeking to rely upon the document. Clearly secondary evidence either by way of oral evidence of the contents of the unstamped document or the copy of it c...documentary evidence is passed, no objection based on the same ground can be raised at a later stage. But this in no way extends the applicability of Section 36 to secondary evidence adduced or sought to be adduced...

...photostat copy of the document dated April 20, 2001 and requested the court to permit her to lead the secondary evidence with regard to the agreement to sell dated April 20, 2001.3. The learned Judge...Court of law and the deficiency in stamp with penalty is paid by the party seeking to rely upon the document. Clearly secondary evidence either by way of oral evidence of the contents ...to the secondary evidence adduced in court, contents of document unstamped or insufficiently stamped. Under the circumstances, this Court is of the opinion that the learned Judge of the t...

...the Tahsil Office stated that the document is not traceable. A copy of the Faisali Salisi was therefore tendered as secondary evidence. 5. The plaintiffs took an objection that the original ...deliberately circumventing Section 35 of the Act to seek to adduce secondary evidence of the contents of unstamped document and try to establish right and title to property on foot ...stamped and was not before the Court and when no question of curing its defect by payment of deficit court-fee and penalty could arise, no parole secondary evidence was admissible" . ...

...view was taken in Muhammad Ayub v. Rahim Bakhsh AIR 1922 Lah 401 (2) (E) where relying on the Rajah of Bobbili's case (D), it was held that; secondary evidence of an ...stolen. The trial court recorded evidence of the loss of the original, and by an order dated 11-10-1946, permitted the plaintiffs to produce secondary evidence of the document. After tria...agreement. The secondary evidence of a document insufficiently stamped and lost was not admissible under the law. 7. Learned counsel for the appellant contended that the document...

...penalty is paid by the party seeking to rely upon the document. Clearly secondary evidence either by way of oral evidence of the contents of the unstamped document or th...K.K. Lahoti, J. 1. The question raised in this petition is whether in secondary evidence, photo copy of the document, original of which is lost and was inadmissible in...petition has been filed by the defendants. 3. Learned Counsel for petitioners submits that the document is admissible in evidence and secondary evidence of the document may be...

...admitted in evidence on payment of penalty, have no application when the original document, which was unstamped or was insufficiently stamped, has not been produced; and, accordingly, secondary...evidence of its contents cannot be given. To hold otherwise would be to add to the Act a provision which it does not contain. Payment of penalty will not render secondary evidence admissible, for under the..., “a certified copy”, and that under Section 35 of the Stamp Act there can be validation only of the original, when it is unstamped or insufficiently stamped, that the document in court which is a copy...

.... At the trial he sought to prove what that consideration was by giving secondary evidence of an unstamped document, which is not allowed by law. The I plaintiff was, therefore, in this, position he...evidence of the circumstances in which he gave the paddy because the moment he attempts to do it, he would offend against the rule of evidence which prohibits oral evidence of an ...that the agreement which was come to by the parties is inadmissible in evidence as we have held in the other second appeal (No. 1607 of 1914), and no evidence can be given aliunde of its contents and...

...to prove what, that consideration was by giving secondary evidence of an unstamped document, which is not allowed by law. The plaintiff was therefore, in this position: he proved that he handed the...circumstances in which he gave the paddy because the moment he attempts to do it, he would offend against the rule of evidence which prohibits oral evidence of an unstamped document. But it is com...paddy to the defendants, but he could not prove the terms on which he handed it. Mr. Ananthakrishna Aiyar says, that being so, his position is hopeless; and he cannot give any evidence of the...

...having been executed on insufficient stamp paper was not admissible in evidence. As such the secondary evidence of such document Which is either unstamped or insufficiently stamped is not admissib...Jupudi Kesava Rao v. Pulavarthi Venkata Subbarao and Ors. AIR 1971 SC 1070, it has been laid down that the secondary evidence of a document which is .... The learned Judge in appeal, in the first instance, held that the carbon copy of the lease deed, which was sought to be produced by the defendant Kishan Chand, was not a secondary evidence but primary...

...document is inadmissible in evidence on account of insufficiently stamped and unregistered conveyance of sale, secondary evidence can be allowed.(2) In case the aforesaid question i...1951 RLW 258, this Court had considered the question of leading secondary evidence of lost document executed on unstamped or insufficiently stamped paper and has held that in case it is insufficie...required to be executed on a stamp, if not stamped or is insufficiently stamped cannot be proved by secondary evidence. 26 I.A 262, (The Rajah of bobbili v. Inuganti China Sitarasami Guru). It is the origin...

...execution (before the 1989 Amendment) of the agreement to sell. Thus, the Plaintiff ought to have been permitted to lead a copy of the agreement to sell as secondary evidence under Section 65 of the ...instrument is actually before the Court of law and the deficiency in stamp with penalty is paid by the party seeking to rely upon the document. Clearly secondary evidence either by way of oral ...? 1.2 Can a copy of a document be adduced as secondary evidence when the original instrument is not in possession of the party? 1.3 Whether, ...

...it was not available for being produced. Secondary evidence was therefore led to prove the contents ot the document. The division bench held that the receiving of such secondary evidence will be t...not produced in court, but secondary evidence was adduced to prove its contents, and on the strength of it the court was invited to dismiss the plaintiffs suit for possession. An unstamped document ...evidence. It was held in chidambaram chettiar v. Meyyappan ambalam , that when the original unstamped document is lost, a copy of it cannot be admitted in evidence even on payment of stamp duty an...

...law and the deficiency in stamp with penalty is paid by the party seeking to rely upon the document. Clearly secondary evidence either by way of oral evidence of the contents of the ...applicability of Section 36 to secondary evidence adduced or sought to be adduced in proof of the contents of a document which is unstamped or insufficiently stamped. 15. The above is our...question of admissibility of secondary evidence of a document which is unstamped or insufficiently stamped, as if the matter were res Integra, it may be noted however, that the course ...

...before the Court of law and the deficiency in stamp with penalty is paid by the party seeking to rely upon the document. Clearly secondary evidence either by way of oral ...this in no way extend the applicability, of Section 36 to secondary evidence adduced or sought to be adduced in proof of the contents of a document which is unstamped...Stamp Act and Section 36 does not apply to the secondary evidence adduced in Court, contents of document unstamped or insufficiently stamped. Under the circumstances, this Court is ...

...plaintiff under the assumption that original had been proved did not think it necessary at that time to lead secondary evidence of the contents of that document.2. The respondent has filed a...time the defendant was trying to rebut the evidence of the plaintiff. The plaintiff took it for granted that no secondary evidence was required to be led, as he had already proved its execution. Mr. Shah has agitat...fact that the document had already been accepted into evidence and it was lost later on while in the custody of the court. There can be little objection to the taking of secondary evidence ...

...and unregistered. So, it cannot be admissible in evidence for the following reasons:—i) Being a secondary evidence, it cannot be admitted in evidence without the leave of the Court....in evidence by the Trial Court.2. The contention of the revision petitioner is that the said Ex.B7 is a photocopy of the alleged partition among the family members which is unstamped...document is concerned, it is not in possession of the defendants. Notice to produce the original was served to the plaintiffs, but the plaintiffs failed to produce the original. Hence, the secondary...

...evidence was indmissible under the law. The learned Civil Judge has repelled this contention on an argument that secondary evidence can be admitted on payment of penalty and that the objections cannot be raised aft...stamped cannot be proved by secondary evidence 26 I.A 262, (The Rajah of Bobbili v. Inuganti China Sitarasami Guru). It is the original document which, if unstamped or insufficiently...trial court allowed the plaintiff to lead secondary evidence. After trial, the Munsif Pali, to whom the case had been transferred, held on the basis of secondary evidence that the plaintiff had proved...

...as Rs. 6,60,000/-which is against the admission of the plaintiff. It is not admissible being unstamped, secondary evidence of a document cannot be permitted to lead unless it is ascertained that...35 and 36 of the Stamp Act, 1899, secondary evidence by way of evidence or copy of document insufficiently stamped is not admissible in a suit. 8. In...a stamp, if not stamped cannot be proved by secondary evidence. Section 36. of the Stamp Act, is applicable only when an unstamped or insufficiently stamped instrument has to be...