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october 2007

Supreme Court of India · 2007-10-08

HARIOM AGRAWAL vs PRAKASH CHAND MALVIYA

Citation / case number
SC 2006/18792
Court
Supreme Court of India
Petitioner
HARIOM AGRAWAL
Respondent
PRAKASH CHAND MALVIYA
Author
B.N. AGRAWAL,P.P. NAOLEKAR,P. SATHASIVAM
Bench
B.N. AGRAWAL,P.P. NAOLEKAR,P. SATHASIVAM

Judgment text excerpt

The Supreme Court addressed the admissibility of a photocopy of an agreement as secondary evidence under Section 63 of the Indian Evidence Act, 1872, in the context of insufficiently stamped documents under the Indian Stamp Act, 1899. The Court held that a photocopy of an original document that is improperly stamped cannot be admitted in evidence, as it does not meet the requirements of proper stamping. Consequently, the High Court's decision to reject the photocopy as secondary evidence was upheld, affirming that the original document must be properly stamped to be admissible.

HARIOM AGRAWAL vs PRAKASH CHAND MALVIYA · Niyam