Section 78 of BSA : Section 78: Presumption as to genuineness of certified copies.

BSA

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Explanation using Example

Example 1:

Scenario: Ramesh is involved in a property dispute with his neighbor, Suresh. Ramesh presents a certified copy of the property deed, which he obtained from the local land registry office, as evidence in court.

Application of Section 78:

  • The court will presume that the certified copy of the property deed presented by Ramesh is genuine.
  • The court will also presume that the officer who certified the copy held the official position he claimed at the time of certification.
  • This means Ramesh does not need to provide additional proof of the authenticity of the certified copy or the authority of the certifying officer.

Example 2:

Scenario: Priya is contesting a will in court. She presents a certified copy of the death certificate of her late father, which she obtained from the municipal corporation.

Application of Section 78:

  • The court will presume that the certified copy of the death certificate is genuine.
  • The court will also presume that the municipal officer who certified the death ce...

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