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Badat And Co vs East India Trading Co on 10 May, 1963

In support of the contention that there is no proof as required Under Section 78, Evidence Act counsel referred to Badat & Co. v. East India Trading, Co. (A.I.R. 1964 S.C. 538). Section 78(6) deals with proof of certain 'class of pubnc documents in a foreign country'. Section embodies a general Rule. A special Rule is enacted in Section 139 of the Customs Act. Section 139 of the Customs Act raises a presumption in respect of a document, 'received from any place outside India in the course of investigation of any offence alleged to have been committed by any person under that Act'. The Section further states [Section 139(ii)(b)] that 'Court shall admit the document in evidence...'.
Supreme Court of India Cites 15 - Cited by 179 - Full Document
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