The Law of Evidence - Page 646

LAW OF EVIDENCE 625

3 Under the third head of disputes there arises the following case—

(i)…

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Difference between latent ambiguity and patent Ambiguity.

II How to prove the contents of a Document ?

  1. What are the requirements of the Rule of Best Evidence with regard to the proof of the Contents of a Document ?

  2. There are two requirements in this respect as laid down in the Evidence Act.

(i) The contents of a document must be proved by Primary Evidence.

(ii) The document must be proved to be genuine.

§ What is meant by Primary Evidence ?

Sec. 62.

(1) Primary Evidence means the document itself produced for the inspection of the Court.

Explanation

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§ How to prove that the document is genuine ?

  1. For the purpose of proving their genuineness the Evidence divides documents into two classes (l) Public Documents and (2) Private Documents.

  2. Public Document is defined in Sec. 74.

  3. Section 75 declares that any document which is not a public document is a private document.