Presumption as to document admissible in England without proof of seal or signature
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Summary
If a document produced in court is one that, under the law in force in England or Ireland, would be proved without separate proof of its seal, stamp, signature, or the signer’s official or judicial status, the court will presume those seals, stamps and signatures are genuine and that the signer held the claimed official or judicial character. The document is then admissible for the same purpose as in England or Ireland.
Example
Meera brings a birth certificate issued in England to an Indian court to prove her age. Because such English documents are admissible there without separate proof of stamp or signature, the court will presume the stamp and signature genuine and accept the certificate for proving age.
Bare Act
Enacted textWhen any document is produced before any Court, purporting to be a document which, by the law in force for the time being in England or Ireland, would be admissible in proof of any particular in any Court of justice in England or Ireland, without proof of the seal or stamp or signature authenticating it, or of the judicial or official character claimed by the person by whom it purports to be signed, the Court shall presume that such seal, stamp or signature is genuine, and mat me person signing it held, at the lime when he signed it, the judicial or official character which he claims, and the document shall be admissible for the same purpose for which it would be admissible in England or Ireland.
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