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proof of documents

By : adv. rajeev ( rajoo ) on 16 May 2009 Report Abuse Print Print this
 



 

PROOF DOCUMENTS;

 

Private Documents:  Sec 75 of the Evidence Act defines private documents, as all documents other than  public documents.

When in a case private documents are produced as evidence by the parties the burden lies on the parties to prove those documents.

Mere marking of the documents in evidence is not sufficient, the contents to be proved and it’s genuineness, validity and enforcement within the meaning of sec 3 of the Evidence Act.

Three Stages of Proof under Evidence Act:

  1. Oringal document has to be filed unless it is lost and in cases where secondary evidence is permitted.
  2. The signature and handwriting have to be proved as required, u/s 67 of the Evidence Act.
  3. Proof of the contents of documents as distinct from the proof of the mere body-writing should be furnished.

METHODS OF PROVING HANDWRITING AND SIGNATURE  IN PRIVATE DOCUMENTS :

While marking the private documents the following are the necessary steps to be followed.

  1. By calling the person who signed or wrote the document. ( Scribe)
  2. By calling a person in whose presence the document was signed ( Executor, witnesses)
  3. By calling handwriting expert ( Sec 45 of Evidence Act.  This arises when the signature is denied by the executants, in case of forgery etc.,)
  4. Sec 47 of Evidence Act:  By calling a person acquainted with the handwriting of the person by whom the document is supposed to be signed or written. ( in case of death of the scribe, his family members who are acquainted with the hand writing of the scribe are the good witnesses)
  5. By comparison in court the disputed signature or writing with the admitted signature or writing ( Sec 73 of Evidence Act)  Court can suo moto compare the signatures in case of dispute regarding the signatures.

The above  do not apply to other varieties of documents including public documents which are said in sec 75 of evidence act, documents attracting presumptions( May presume, shall presume and conclusive proof as laid down in the sec 4 of Evidence Act) admitted documents sec 58 of evidence act and of documents of which court can take judicial notice sec 56 & 57 of evidence act.

When the documents like adoption deed, agreement of sale, will , it is necessary to follow the above said steps to prove these documents.

PRESUMPTIONS RELATING TO DOCUMENTS:

SEC 4 OF THE EVIDENCE ACT:

MAY PRESUME :” Whenever it is provided by this that the court may presume a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for a proof of it.”

SHALL PRESUMET: “ Whenever it is direct the this act, that the court shall presume a fact, it shall regard such fact as proved, unless and until it is disproved”.

CONCKLUSIVE PROOF: “ When one fact is declared by this act to be conclusive proof of another, the court shall, on proof of the one fact, regarad the other as proved, and shall not allow evidence to be given for the purpose of disproving it”.

 

 

 

 

 

 

 

 

 

 

 

 
PROOF DOCUMENTS;
 
Private Documents: Sec 75 of the Evidence Act defines private documents, as all documents other than public documents.
When in a case private documents are produced as evidence by the parties the burden lies on the parties to prove those documents.
Mere marking of the documents in evidence is not sufficient, the contents to be proved and it’s genuineness, validity and enforcement within the meaning of sec 3 of the Evidence Act.
Three Stages of Proof under Evidence Act:
  1. Oringal document has to be filed unless it is lost and in cases where secondary evidence is permitted.
  2. The signature and handwriting have to be proved as required, u/s 67 of the Evidence Act.
  3. Proof of the contents of documents as distinct from the proof of the mere body-writing should be furnished.
METHODS OF PROVING HANDWRITING AND SIGNATURE IN PRIVATE DOCUMENTS :
While marking the private documents the following are the necessary steps to be followed.
  1. By calling the person who signed or wrote the document. ( Scribe)
  2. By calling a person in whose presence the document was signed ( Executor, witnesses)
  3. By calling handwriting expert ( Sec 45 of Evidence Act. This arises when the signature is denied by the executants, in case of forgery etc.,)
  4. Sec 47 of Evidence Act: By calling a person acquainted with the handwriting of the person by whom the document is supposed to be signed or written. ( in case of death of the scribe, his family members who are acquainted with the hand writing of the scribe are the good witnesses)
  5. By comparison in court the disputed signature or writing with the admitted signature or writing ( Sec 73 of Evidence Act) Court can suo moto compare the signatures in case of dispute regarding the signatures.
The above do not apply to other varieties of documents including public documents which are said in sec 75 of evidence act, documents attracting presumptions( May presume, shall presume and conclusive proof as laid down in the sec 4 of Evidence Act) admitted documents sec 58 of evidence act and of documents of which court can take judicial notice sec 56 & 57 of evidence act.
When the documents like adoption deed, agreement of sale, will , it is necessary to follow the above said steps to prove these documents.
PRESUMPTIONS RELATING TO DOCUMENTS:
SEC 4 OF THE EVIDENCE ACT:
MAY PRESUME :” Whenever it is provided by this that the court may presume a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for a proof of it.”
SHALL PRESUMET: “ Whenever it is direct the this act, that the court shall presume a fact, it shall regard such fact as proved, unless and until it is disproved”.
CONCKLUSIVE PROOF: “ When one fact is declared by this act to be conclusive proof of another, the court shall, on proof of the one fact, regarad the other as proved, and shall not allow evidence to be given for the purpose of disproving it”.
 
 
 
 
 
 
 
 
 
 

Source : vairous books,



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