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Presumptions as to Documents Questions and Answers

1.

Due execution of a document more than thirty years old, coming from proper custody is a

Exam Year(s)

Tripura Public Service Commission - 2019,

Answer: A

It is a presumption of facts.

Section 90 of the Indian Evidence Act says that where a document purporting to be thirty years old is produced from proper custody, the court may presume that its signature and handwriting are genuine and that it was duly executed and attested. Under Section 4, 'may presume' marks a discretionary presumption of fact, which the court may draw or decline to draw.

A rebuttable presumption of law is signalled by 'shall presume', and an irrebuttable one by 'conclusive proof', so options B, C and D are wrong.

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