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What is Rules as to notice to produce What is Proof of signature and handwriting of person alleged to have signed or written document produced Section 66 and 67 of Indian Evidence Act 1872

Rules as to notice to produce and Proof of signature and handwriting of person alleged to have signed or written document produced are defined under section 66 and 67 of Indian Evidence Act 1872. Provisions under these sections are:

Section 66 of Evidence Act "Rules as to notice to produce"

Secondary evidence of the contents of the documents referred to in section 65, clause (a), shall not be given unless the party proposing to give such secondary evidence has previously given to the party in whose possession or power the document is, 46[or to his attorney or pleader,] such notice to produce it as is prescribed by law, and if no notice is prescribed by law, then such notice as the Court considers reasonable under the circumstances of the case:


 

Provided that such notice shall not be required in order to render secondary evidence admissible in any of the following cases, or in any other case in which the Court thinks fit to dispense with it:-

(1) when the document to be proved is itself a notice ;

(2) when, from the nature of the case, the adverse party must know that he will be required to produce it;

(3) When it appears or is proved that the adversary has obtained possession of the original by fraud or force;

(4) when the adverse party or his agent has the original in Court ;

(5) when the adverse party or his agent has admitted the loss of the document;

(6) when the person in possession of the document is out of reach of, or not subject to, the process of the Court.

 

Section 67 of Evidence Act "Proof of signature and handwriting of person alleged to have signed or written document produced"

If a document is alleged to be signed or to have been written wholly or in part by any person, the signature or the handwriting of so much of the document as is alleged to be in that person s handwriting must be proved to be in his handwriting.

 

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