act 030 of 1939 : Commercial Documents Evidence Act, 1939

Section 1. Short title and extent.

(1) This Act may be called the Commercial Documents Evidence Act, 1939.

(2) It extends to the whole of India except ¹[the territories which, immediately before the1st November, 1956, were comprised in Part B States].

STATE AMENDMENT

Karnataka

Amendment of Central Act XXX of 1939.--In sub-section (2) of section 1 of the Commercial Documents Evidence Act, 1939 (Central Act XXX of 1939), after the words and letter “in Part B States” the words, brackets, figures and letters “other than the territories specified in clause (a) and clause (c) of sub-section (1) of section 7 of the [States Re-organisation Act, 1956 (Central Act XXXVII of 1956)”] shall be added.

[Vide Karnataka Act 33 of 1978, s. 7].

1. Subs. by the A.O. (No. 3) 1956, for "Part B States".

Section 2. Statements of relevant facts in scheduled documents to be themselves relevant facts.

Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872), statements of facts in issue or of relevant fact made in any document included in the Schedule as to matters usually stated in such document shall be themselves relevant facts within the meaning of that Act.

Section 3. Presumption as to genuineness of documents.

For the purposes of the Indian Evidence Act, 1872 (1 of 1872), and notwithstanding anything contained therein, a Court--

(a) shall presume, within the meaning of that Act, in relation to documents included in Part I of the Schedule, and

(b) may presume, within the meaning of that Act, in relation to documents included in Part II of the Schedule,--

that any document purporting to be a document included in Part I or Part II of the Schedule, as the case may be, and to have been duly made by or under the appropriate authority, was so made and that the statements contained therein are accurate.

Section 4. Definition.

In the Schedule the expression "recognised Chamber of Commerce" means a Chamber of Commerce recognised by the Government of its country as being competent to issue certificates of origin, and includes any other association similarly recognised.