IEA Section 86 — Presumption as to certified copies of foreign judicial records

Chapter 5

Civil

Summary

A court may treat a document as a genuine and accurate certified copy of a judicial record from a foreign country (outside India and former British dominions) if the document is certified in a way that a representative of the Central Government in that country confirms is the usual method for certifying such copies. For this purpose, a Political Agent (as defined in the General Clauses Act, 1897) for a territory outside India and former British dominions is considered a representative of the Central Government for that country.

Official Text

The Court may presume that any document purporting to be a certified copy of any judicial record of any country not forming part of India or of Her Majesty’s dominions is genuine and accurate, if the document purports to be certified in any manner which is certified by any representative of the Central Government in or for such country to be the manner commonly in use in that country for the certification of copies of judicial records.
An officer who, with respect to any territory or place not forming part of India or Her Majesty’s dominions, is a Political Agent therefore, as defined in section 3, clause (43), of the General Clauses Act, 1897 (10 of 1897), shall, for the purposes of this section, be deemed to be a representative of the Central Government in and for the country comprising that territory or place.

Sections referred to

Related Judgments

  • NATASHA KOHLI vs MAN MOHAN KOHLI — Delhi High Court (2013)
  • BNP Paribas (suisse) SA vs Atit Omprakash Agarwal & Anr — Bombay High Court (Mumbai Principal Seat) (2017)
  • Viratna Vidyabanich; (since deceased by his heirs and Legal; Represent vs Mohan J. Jhangiani, Representatives, 1A. Krishna M. Jhangiani and ors — Bombay High Court (Mumbai Principal Seat) (2015)
  • The Republic of Maldives through its; Ministry of Housing and Infrastr vs Apex Realty Pvt. Ltd. a private limited, company incorporated under th — Bombay High Court (Mumbai Principal Seat) (2017)
  • 31st July, 2008; Decided on :; 8th August, 2008; MANSOOR MUMTAZ & OR vs SAUDI ARABIAN AIRLINES CORPORATION, DCM BUILDING, BARAKHAMBA ROAD,, NE — Delhi High Court (2008)

Old <-> New Code Mapping

  • BSA §88 — Presumption as to certified copies of foreign judicial records