AIR 1996 SUPREME COURT 1253 ::1996 AIR SCW 1325 ::(1996) 1 LS 72 ::(1996) 2 RRR 634 ::(1997) 1 CivLJ 233 ::(1996) 1 CivilCourtC 459 ::1996 (8) SCC 357 ::1996 SCFBRC 13 300 ::1996 (1) CurCC 352 ::1996 (28) All LR 47 ::1996 (2) BLJR 1197 ::1996 BLJR 2 1197 ::1997 ( ) All CJ 1064 ::(1996) 1 Mad LW 741 ::(1996) 2 SCR 1043 (SC) ::1996 (2) LandLR 284 ::(1996) 2 IJR 629 (SC) ::1996 (2) BLJ 11 ::(1996) 3 JT 268 (SC)

Supreme Court Of India

(From : Gauhati)

Hon'ble Judge(s): G. N. Ray, B. L. Hansaria , JJ

(A) Evidence Act (1 of 1872) , S.90— Document 30 years old - Presumption of genuineness - Object. Section 90 of the Evidence Act is founded on necessity and convenience because it is extremely difficult and sometimes not possible to lead evidence to prove handwriting, signature or execution of old documents after lapse of thirty years. In order to obviate such difficulties or improbabilities to prove execution of an old document, Section 90 has been incorporated in the Evidence Act, which does away with the strict rule of proof of private documents. Presumption of genuineness may be raised if the document in question is produced from proper custody. It is, however, the discretion of the Court to accept the presumption flowing from Section 90. There is, however, no manner of doubt that judicial discretion under Section 90 should not be exercised arbitrarily and not being informed by reasons.(Para 15) (B) Evidence Act (1 of 1872) , S.90— Applicability - Certified copy of 30 years old document - Presumption of genuineness not available unless foundation is laid for admission of secondary evidence under S. 63. Presumption under Section 90 does not apply to a copy or a certified copy even though thirty years old; but if a foundation is laid for th....