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2014 (2) TMI 193 - HC - Indian LawsRejection of application under Sections 65, 74, 78 and 79 of the Evidence Act read with Section 35A of the Act - Held that:- There is no illegality or perversity visible in the order passed by the learned Sessions Judge - if any provision is given in a Special Act which is contrary to the provisions of the general law then the special law shall supersede the provisions of the general law. Under such circumstances, looking at the provisions of Sections 36A and 36B of the Act, the prosecution not only could file copy of the documents as mentioned under Section 36B of the Act but, prove such copies as original. There is no need to file or show the original documents before the trial Court. Under such circumstances, the application of the prosecution appears to be a formality. The prosecution could prove the copies of the documents as mentioned under Section 36B of the Act and therefore, if the revisionary Court has accepted the application filed by the prosecution then no illegality or perversity has been done by the revisionary Court - since there is no basis by which the revision filed by the applicants can be accepted. The present revision is hereby dismissed by confirming the order passed by the revisionary Court - Decided against Revisionist.
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