Section comparison

79. Presumption as to genuineness of certified copies. –– The Court shall presume 8[to be genuine] every document purporting to be a certificate, 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 9 [of the Central Government or of a State Government, or by any officer 10[in the State of Jammu and Kashmir] who is duly authorized thereto by the Central Government]: 1. Subs. by the A.O. 1937, for “the Executive Government of British India”. 2. Ins. ibid. 3. Subs. ibid., for “by order of Government.”. 4. The words “her Majesty” shall stand unmodified, vide the A.O. 1950. 5. Subs. by the A.O. 1937, for “public Act of the Governor General of India in Council”. 6. Subs. by the A.O. 1950, for “a Province”. 7. Subs. by ibid., for “a British Consul”. 8. Ins. by the A.O. 1948. 9. The original words beginning from “in British India” and ending with the words “to be genuine” have been successively amended by the A.O. 1937, the A.O. 1948 and the A.O. 1950 to read as above. 10. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “in a Part B State”. 38 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.

78. Presumption as to genuineness of certified copies.—(1) The Court shall presume to be genuine every document purporting to be a certificate, 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: Provided that such document is substantially in the form and purports to be executed in the manner directed by law in that behalf. (2) 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.