Presumption as to genuineness of certified copies
AI Assist
Summary
Court will presume genuine any certificate, certified copy, or other document that by law is admissible to prove a fact and that appears to be certified by a Central or State Government officer (or an authorised Jammu and Kashmir officer), provided it is substantially in the form and executed as the law directs. The court will also presume the signer held the official position claimed when signing.
Example
Priya sues a neighbour over a field and files a certified copy of the revenue record that is admissible and appears in the required official form, signed by a State Government revenue officer. The court will presume the certified copy is genuine and that the officer held the stated office when signing, so Priya need not separately prove the signature unless the other side rebuts that presumption.
Bare Act
Enacted textThe Court shall presume to be genuine every document purporting to be a certificate, certified copy, or other document, which is by law declared to be admissible as evidence of any particular fact and which purports to be duly certified by an officer of the Central Government or of a State Government, or by any officer in the Slate of Jammu and Kashmir who is duly authorized thereto by the Central Government;
Provided that such document is substantially in the form and purports to be executed in the manner directed by law in that behalf.
The Court shall also presume that any officer by whom any such document purports to be signed or certified held when he signed it, the official character which he claims in such paper.
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