Guest
(Querist) 29 August 2011
This query is : Resolved
Is there any difference between "Certified Copy of a Document" and "Certified Photostat Copy or True Photostat Copy" as per The Indian Evidence Act 1872.
Further, Can it consider photocopy of a document certified by a court as “Certified Copy”?? Can we produce such copies in another court along with as Proof Affidavit?
Dr Anil Kumar Singh
(Expert) 29 August 2011
There is no difference as to their authenticity before court. You can
prabhakar singh
(Expert) 29 August 2011
Certified Copy of a Document is issued by a public officer(courts included)in whose custody the original is(s76The Indian Evidence Act 1872). IT may be hand written copy or a photo state copy,which the officer in charge of the original certifies it to be correct according to the original. In law these are presumed to be correct with out any formal proof.
A true photo copy is a different matter.suppose you have a original unregistered hand written or typed deed with a carbon copy or you make its photo copy or get it copied by hand 0r electronically if you could not make its copies anyway at the time of original then they all whether or not attested by any gazetted officer including a Notary shall be NOT a CERTIFIED COPY as their original is NOT in custody of any Public Officer. There is no presumption of their correctness available and can be received as only secondary evidence on p[roof of loss of original.
Raj Kumar Makkad
(Expert) 29 August 2011
I do agree with prabhakar singh
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