In court case photo copy Rs fifty lac receipt is produced as proof of payment in cash to plaintiff whereas plaintiff denies it. I have following questions Can this much amount can be paid in cash? What is the legal value of photocopy in the absence of its original receipt? If photocopy is accepted by court as valid legal documentary proof , what are the essential conditions linked to it as it is secondary evidence Can defendant be asked to declare source of funds Receipt had two altogether different signatures whereas payee is individuall If the cash receipt is declared false by court, can plaintiff initiate criminal proceedings against defendant Please quote relevant sections Thanks
1) you cannot make payment of Rs 50 lakhs in cash
2) secondary evidence is permissible if original has been lost
3) plaintiff should lead evidence that he had taken photocopy of the original . that he had lost original receipt
4) you can cross examine plaintiff as to whether payment of Rs 50 lakhs has been declared in income tax returns
5) if cash receipt is found to be false you can initiate criminal proceedings against the plaintiff
1. Photocopy is secondary evidence which can be proved when the primary evidence is not available as described in section 65 of the Evidence Act.
2. Yes source can be asked to give credence of the defence case.
3. The receipt may be non admissible in evidence but that alone does not amount to forgery unless it is established it was interloped or manufactured.
when you produce photocopy of the receipt it shall be admitted as secondary evidence. defendant can oppose that this is false or fabricated document. you can prove its genuinity :
1. that at the time of transfer of 50 lac cash he needed money for a particular work or liability.
2. In the photo copy he has signed so defendant should prove that his signature is false and he did not need such huge amount of money.
this photo copy document prima facie proves that a transfer on money was made. you can prove this document u/s 65 of evidence act.
Can this much amount can be paid in cash?
As per Income tax an amount to this extent cannot be received by cash or no cash transaction is permitted in law for an amount exceeding Rs. 50,000/-
What is the legal value of photocopy in the absence of its original receipt?
The photo copy of any document is not admissible as primary evidence.
If photocopy is accepted by court as valid legal documentary proof , what are the essential conditions linked to it as it is secondary evidence
photocopy of any document cannot be admitted as primary evidence by court even in the presence of any substantial evidence .
It can be considered as secondary evidence provided if corroborating evidence is available.
Can defendant be asked to declare source of funds
Yes he can be asked about it during cross examination.
If the cash receipt is declared false by court, can plaintiff initiate criminal proceedings against defendant
No, he cannot. He has nullified this evidence hence he has no other reason to travel beyond that until this has personally injured the plaintiff.
Hi Thanks for your answer. But pls clarify what conditions are attached with photocopy of receipt being accepted by court as secondary evidence. Pls quote its section Secondly it had not been answered by any one about receipt having two altogether different signatures whereas receiver is single person RK Dhingra
Section 63 of the Evidence Act.
2) secondary evidence includes (1) certified copies ; (2) copies made from original by mechanical process which in themselves insure the accuracy of the copy and copies compared with such copies : (3) copies made from a compared copy and compared with the original.
3)you have to prove that the alleged photocopy was prepared from the original
4) In order to allow secondary evidence, certain tests as provided in Section 65 and procedure as provided in Section 66 of the Evidence Act are to be satisfied and complied with, as the case may be.
5) Section 66 prohibits admission of secondary evidence unless the party proposing secondary evidence given previous notice to the person in possession
The presence of two different signatures in the receipt is a suspicious situation.
The photocopy can be accepted by court only when the original had been compared with, or this is corroborated by any other documentary evidence to this effect.
For all the practical situation and the procedures to be followed in this regard, your advocate shall be the right person to advise you properly because he is the person who is in the knowledge of all the proceedings.