Section 90: Is a 30-Year-Old Document's Execution Automatically Admitted?

That Section provides that any document thirty years old produced from any custody which the Court in the particular case considers proper, may be presumed to be genuine both regarding to its contents and its due execution. ... The document P15 is claimed to be the duplicate of the Last Will No. 418 dated 22nd July, 1850, of one Mohideen Natchia who died in "the year 1855, while P14 is a certified co....

2025 0 Supreme(Del) 422

As regards the argument of the Will being a thirty-year old document, the learned Counsel for Respondent No. 3 submitted that the probate case was filed in the year 2000 and, therefore, the Will was not a thirty-year old document at the time of filing of the probate case. ... Section 90 of the Act is not applicable as on the date of filing of the probate case in the #HL....

-Section 90 of the Evidence Ordinance enacts that the Court '' may presume '' that a document more than thirty years old was duly executed. ... There was also a question as to the execution of the deed by the party at all. The deed is more than thirty years old, and on behalf of the plaintiff reliance is placed on the presumption of due execution under section 90 of the Evidence Ordinance, No. 14 o....

2024 0 Supreme(Ker) 106

The “execution” of a document does not stand admitted merely because a person admits to having signed the document. ... This is a case, in which, Ext.A1, a registered document was executed at the time of execution of Ext.B1, an admitted document. ... Insofar as the legal position to the effect that mere admission of signature in the document#....

2021 Supreme(Online)(Kar) 296

S.68 deals with the proof of the execution of the document required by law to be attested; and it provides that such a document shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution. ... He also admitted that the advance amount paid to the defendants is shown in the Income Tax records, but in fact, no document has been....

Under section 70 of the Evidence Ordinance, the admission of a party to an attested document of its execution by himself is sufficient proof of its execution only against that party. ... Where a power of attorney purported to have been executed in British India in the presence of two witness and a notary public- Held that under section 85 of the Evidence Ordinance the document could be admitted w....

2024 0 Supreme(Ker) 41

Thus, the questions to be answered are: whether Ext.B3 is a bonafidely executed document prior to the execution of Ext.A1, or else the same was generated after the execution of Ext.A1 with a prior date, so as to defeat the claim of the plaintiff/Sankunni. ... His evidence is that he had been working as a document writer and Ext.A1 was written by him. He stated further that Ext.A1 was written as directed by 1st defendant/Go....

Andhra Pradesh

is of the year 1985. ... If the document produced was a copy admitted under Section 65 as secondary evidence and it was produced from proper custody and was over thirty years old, then the signature authenticating the copy might be presumed to be genuine: but production of the copy was not sufficient to justify the presumption ... since the original copy was not placed before the court, so that the question of ex....

2024 0 Supreme(Cal) 712

Haradhan Banerjee, learned advocate for the plaintiff/decree holder submitted that the execution of the MoU dated April 28, 2021, was an admitted position. The plaintiff had accepted that the said MoU had been executed. The only objection was that the execution was under coercion. ... The said application for recording the purported adjustment, ought to have been filed within thirty days from such alleged adjustment. 14. ....

2023 0 Supreme(Kar) 423

It has to be noted that the defendants have admitted the execution of sale agreement in terms of Ex.P1. ... The other document is Ex.P3. On reading of Ex.P3, it is very clear that additional amount of Rs.50,000/- is received in the year 2010 by executing the shara. ... Both the Courts have also taken note of the answers elicited from the mouth of D.W.1 with regard to execution of the document#HL....

2018 0 Supreme(Ker) 1546

Even if it is assumed that such a document was executed, it will not satisfy the twelve year period from the date of its execution. It is now settled that equity rule of laches and acquiescence would not come into play on a mere non-participation in taking the profit out of the co-ownership property and it cannot be treated as an ouster and hence I am of the view that the concurrent finding made by both the trial court as well as the first appellate court is liable to be set ....

2018 0 Supreme(Ori) 606

There can, however, be no presumption as to who is the person, who executed the document was and what authority he had to execute the document, and whether he had the requisite authority, or whether the contents of the document are true. Thus, a plain reading of the provision leads this Court to come to a conclusion that when a document is purportedly to be more than 30 years old, if it be produced from what the Court considers to be proper custody, it may be presumed (a) that the signature an....

Madras

The Appellant seems to have made little or no endeavour to prove the Gift Deed without the advantage of this presumption. Under Section 90, before any question of presuming a document's valid execution can emerge, the document must purport and be proved to be thirty years old. The law surrounding the date of computation of the elapse of thirty-years stands long-settled, since the verdict of the Privy Council in Surendra Krishna Roy v. Mirza Mahammad Syed Ali Mutawali: AIR 193....

2015 0 Supreme(Mad) 3260

Generally speaking, although the date on which the document has been tendered in evidence or subjected to being proved/exhibited is the relevant date from which its antiquity is to be computed, we think it necessary to underscore that it should be produced at the earliest so that it is not looked upon askance and with suspicion so far as its authenticity is concerned.” The Appellant seems to have made little or no endeavour to prove the Gift Deed without the advantage of this presumption. #HL_....

2015 6 Supreme 288

The law surrounding the date of computation of the elapse of thirty-years stands long-settled, since the verdict of the Privy Council in Surendra Krishna Roy v. Mirza Mahammad Syed Ali Mutawali AIR 1936 PC 15, which held that the period of thirty years is to be reckoned, not from the date upon which the Deed is filed in Court but from the date on which, it having been tendered in evidence, its genuineness or otherwise becomes the province of proof. Generally speaking, although the date on whic....