Section 90State of Jammu-Kashmir Act
Section 90: Presumption as to documents thirty years old
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 a 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 if the circumstances of the particular case are such as to render such an origin probable.This explanation applies also to section 81.Illustrations(a)
A has been in possession of landed property for a long time. The produces from his custody deeds relating to the land, showing his titles to it. The custody is proper.(b)
A produces deeds relating to landed property of which he is the mortgagee, is in possession. The custody is proper.(c)
A, a connection of B, produces deeds relating to lands in B's possession which were deposited with him by B for safe custody. The custody is proper.Previous
Sec 89 — Presumption as to due execution, etc. documents not produced
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Sec 90A — [ Presumption as to electronic records five years old. [Inserted by Act V of 2001, (Section 33).]
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