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    Question

    Thirty years old document if produced from a proper

    custody: 
    A Court shall presume its execution Correct Answer Incorrect Answer
    B Court may presume its execution Correct Answer Incorrect Answer
    C Presumption not involved Correct Answer Incorrect Answer
    D None of the above. Correct Answer Incorrect Answer

    Solution

    There exists a rebuttable presumption under s.90 of Indian Evidence Act, 1872 which is 30 years old and is maintained in a proper custody. As may presume is used in the provision, the court may call for proof on it. S. 90. Presumption as to documents thirty years old   Where any document, purporting or proved to be thirty years old, is produced from any custody which the Court in the particular case considers proper the Court may presume that the signature and every other part of such document, which purports to be in the handwriting of any particular person, is in that person’s handwriting, and, in the case of document executed or attested, that it was duly executed and attested by the persons by whom it purports to be executed and attested.   Explanation – Documents are said to be in proper custody if they are in the place in which, and under the care of the person with whom, they would naturally be; but no custody is improper if it is proved to have had a legitimate origin, or the circumstances

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