Supreme Court · 1996 INSC 311 · Decided 26 February 1996
Sri Lakhi Baruah and Others v. Sri Padma Kanta Kalita and Others
- Court
- Supreme Court of India
- Citation
- 1996 INSC 311 · [1996] 2 S.C.R. 1043
- Case number
- CIVIL APPEAL No. 3866/1996
- Decided
- 26 February 1996
- Bench
- G.N. RAY, B.L. HANSARIA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Evidence Act Section 63, 90
Headnote
B Evidence Act, 1872: Sections 63 and 90. Documents 30 years old-Alleged to be forged and f abricated-Produc- tion of ce1tified copy thereof-Presumption of genuineness-Applicability of- C Held : did not apply to a copy or certified copy even though the document was very old-Unless foundation was 01iginal and the copy having been produced from proper custody-Cowt has discretion in giving the presumption under Section 90 when due execution of document was do.ubt­ ful--In view of the definite case of document being forged and fabricated, D original was required to be produced. The
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)