certified copy as evidence in high court
vinaykala
(Querist) 12 December 2010
This query is : Resolved
dear sir,
would a copy certified under seal by the pio and superintendent of a delhi adminstration department, acquired thru use of the rti be admissible as evidence in delhi high court.?
i am not a lawyer and am clueless as to what are the norms for the high court to accept a certified copy under seal be accepted as primary evidence?
kindly enlighten sir
vinay kala
dec 12
Advocate. Arunagiri
(Expert) 12 December 2010
Yes. These documents can be filed as a certified copies it is a valid evidence.
vinaykala
(Querist) 12 December 2010
dear sir,
thanks sir
vinay kala dec 12
vinaykala
(Querist) 12 December 2010
thanks sir
G. ARAVINTHAN
(Expert) 13 December 2010
the copies you have acquired through RTI Act deemed to be the certified copy of the relevant document
Parveen Kr. Aggarwal
(Expert) 13 December 2010
Sections 76, 77 and 79 of the Indian Evidence Act, 1872:
"76. Certified copies of public documents: Every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees therefor, together with a certificate written at the foot of such copy that it is a true copy of such document of part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title, and shall be sealed, whenever such officer is authorised by law to make use of a seal; and such copies so certified shall be called certified copies.
Explanation – Any officer who, by the ordinary course of official duty, is authorised to deliver such copies, shall be deemed to have the custody of such documents within the meaning of this section.
77. Proof of documents by production of certified copies: Such certified copies may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be copies.
79.Presumption as to genuineness of certified copies: The Court shall presume to be genuine every document purporting to be a 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 any officer of the Central Government or of a State Government, or by any officer in the State of Jammu and Kashmir who is duly authorised 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."
