Tuesday, March 22, 2016

Section 78 Indian Evidence Act

IEA 78 : Section 78 of the Indian Evidence Act:

Proof of other official documents.—The following public documents may be proved as follows:—
(1) Acts, orders or notifications of 1[the Central Government] in any of its departments, 2[or of the Crown Representative] or of any State Government or any department of any State Government,— 4[the Central Government] in any of its departments, 5[or of the Crown Representative] or of any State Government or any department of any State Government,—" by the records of the departments, certified by the head of those departments respectively, or by any document purporting to be printed by order of any such Government 2[or, as the case may be, of the Crown Representative];5[or, as the case may be, of the Crown Representative];"
(2) The proceedings of the Legislatures,— by the journals of those bodies respectively, or by published Acts or abstracts, or by copies purporting to be printed 3[by order of the Government concerned]; 6[by order of the Government concerned];"
(3) Proclamations, orders or regulations issued by 4[Her Majesty] or by the Privy Council, or by any department of 4[Her Majesty’s] Government,— 7[Her Majesty] or by the Privy Council, or by any department of 7[Her Majesty’s] Government,—" by copies or extracts contained in the London Gazette, or purporting to be printed by the Queen’s printer;
(4) The acts of the Executive or the proceedings of the Legislature of a foreign country,— by journals published by their authority, or commonly received in that country as such, or by a copy certified under the seal of the country or sovereign, or by a recognition thereof in some 5[Central Act];1[Central Act];"
(5) The proceedings of a municipal body in 6[a State],2[a State]," by a copy of such proceedings, certified by the legal keeper thereof, or by a printed book purporting to be published by the authority of such body;
(6) Public documents of any other class in a foreign country,— by the original, or by a copy certified by the legal keeper thereof, with a certificate under the seal of a Notary Public, or of 7[an Indian Consul] or diplomatic agent, that the copy is duly certified by the officer having the legal custody of the original, and upon proof of the character of the document according to the law of the foreign country. 3[an Indian Consul] or diplomatic agent, that the copy is duly certified by the officer having the legal custody of the original, and upon proof of the character of the document according to the law of the foreign country." 

India's Important Case Laws and Landmark Judgments on IEA - Section 78 Indian Evidence Act 1872:
Raja Ram Jaiswal vs State Of Bihar on 4 April, 1963 - Supreme Court of India 
Rajesh Agrawal vs State Of Bihar And Anr. on 11 September, 1998 - Patna High Court 
Jit Singh Mohar Singh vs Municipal Committee And Anr. on 23 October, 1959 - Punjab-Haryana High Court 
C.H. Shah vs S.S. Malpathak And Ors. on 5 August, 1971 - Bombay High Court 
Mehnga Singh And Ors. vs Gurdial Singh And Ors. on 13 August, 2003 - Punjab-Haryana High Court 
Balukishan A. Devidaval vs The State Of Maharashtra on 19 January, 1974 - Bombay High Court 
Srichand P. Hinduja vs State Through C.B.I. on 31 May, 2005 - Delhi High Court 
Ashok Kumar vs Aman Kumar And Others on 30 April, 2009 - Punjab-Haryana High Court 
Chanan Kaur Alias Channo vs Pakhar Singh And Ors. on 3 September, 2003 - Punjab-Haryana High Court 
State Bank Of Travancore, Tirupur vs K. Vinayachandran And Anr. on 2 November, 1988 - Kerala High Court 

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