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Section 39 - Presumption as to documents in certain cases : Foreign Exchange Management Act 1999

 

 

What is Presumption as to documents in certain cases? Section 39 of FEMA Act 1999

Section 39 of Foreign Exchange Management Act 1999 : "Presumption as to documents in certain cases"

39. Where any document-

(i) is produced or furnished by any person or has been seized from the custody or control of any person, in either case, under this Act or under any other law; or

(ii) has been received from any place outside India (duly authenticated by such authority or person and in such manner as may be prescribed) in the course of investigation of any contravention under this Act alleged to have been committed by any person, and such document is tendered in any proceeding under this Act in evidence against him, or against him and any other person who is proceeded against jointly with him, the court or the Adjudicating Authority, as the case may be, shall-

(a) presume, unless the contrary is proved, that the signature and every other part of such document which purports to be in the handwriting of any particular person or which the court may reasonably assume to have been signed by, or 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 executed or attested by the person by whom it purports to have been so executed or attested;

 

(b) admit the document in evidence notwithstanding that it is not duly stamped, if such document is otherwise admissible in evidence;

(c) in a case falling under clause (i), also presume, unless the contrary is proved, the truth of the contents of such document.

 

FEMA ACT 1999

Section 21 - Qualifications for appointment of Chairperson, Member and Special Director (Appeals)

Section 22 - Term of office

Section 23 - Terms and conditions of service

Section 24 - Vacancies

Section 25 - Resignation and removal

 

 

Section 26 - Member to act as Chairperson in certain circumstances

Section 27 - Staff of Appellate Tribunal and Special Director (Appeals)

Section 28 - Procedure and Powers of Appellate Tribunal and Special Director (Appeals)

Section 29 - Distribution of business amongst Benches

Section 30 - Power of Chairperson to transfer cases

 

 

Section 31 - Decision to be by majority

Section 32 - Right of appellant to take assistance of legal practitioner or chartered accountant and of Government, to appoint presenting officers

Section 33 - Members, etc. to be public servants

Section 34 - Civil court not to have jurisdiction

Section 35 - Appeal to High Court

 

 

CHAPTER VI
DIRECTORATE OF ENFORCEMENT

Section 36 - Directorate of Enforcement

Section 37 - Power of search, seizure, etc

Section 38 - Empowering other officers

CHAPTER VII
MISCELLANEOUS

Section 39 - Presumption as to documents in certain cases

Section 40 - Suspension of operation of this Act

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