Updated: Monday June 20, 2011/AlEthnien
Rajab 19, 1432/Somavara
Jyaistha 30, 1933, at 06:07:45 PM
The Commercial Documents’ Evidence Act, 1939
ACT NO XXX OF 1939
[26th SEPTEMBER, 1939]
An Act to amend the Law of Evidence with respect to certain commercial
documents.
Whereas
it is expedient to amend the Law
of Evidence with respect to certain commercial
documents;
It is hereby enacted as follows:---
1. Short title and extent. —(1) This Act may be called the Commercial Documents’ Evidence Act, 1939.
(2)
It extends to the whole of
2. Statements of relevant facts in
scheduled documents to be themselves relevant facts. Notwithstanding anything contained in the Evidence
Act, 1872, statements of facts in issue or of relevant facts made in any document included in the Schedule as to matters usually
stated in such document shall be themselves
relevant facts within the meaning of that Act.
3. Presumption as to genuineness of
documents. For the purposes of the
Evidence Act, 1872, and notwithstanding anything contained therein, a Court,---
(a)
shall presume, within the meaning of that Act, in relation to documents
included in Part I of the Schedule, and
(b) may presume, within the meaning of that
Act, in relation to documents included in Part II of the Schedule,— that any document purporting to be a document
included in Part I or Part II of the Schedule, as the case may be, and to have
been duly made by or under the appropriate authority, was so made and that the
statements contained therein are accurate.
4. Definition. In the Schedule the expression "recognised
Chamber of Commerce means a Chamber of Commerce recognised by the Government of
its country as being competent to issue certificates of origin, and includes
any other association similarly recognised.
THE SCHEDULE
(See sections 2 and 3)
PART I
Documents
in relation to which the Court "SHALL presume"
1. Lloyds Register of Shipping.
2.
Lloyds Daily Shipping Index
3. Lloyds Loading List.
4. Lloyds Weekly Casualty Reports.
5. Certificate of delivery of goods to the
Manchester Ship Canal Company.
6. Official log book. Supplementary Official
log book and official wireless log kept by a British ship.
7. Certificate of Registry, Safety
Certificate, Safety Radio-Telegraphy Certificate, Exemption Certificate,
Certificate of Survey, Declaration of Survey, International Load Line
Certificate, Pakistan Load Line Certificate], Report of Survey of a ship
provisionally detained and unsafe, Report of Survey to be served upon the
master of a ship declared unsafe upon survey, Docking Certificate, Memorandum
issued under Article 56 of the International Convention for the Safety of Life
at Sea, 1929.
8. Certificates A and B, issued under the
Merchant Shipping Act, 1923.
9. The following documents relating to marine
insurance, namely, insurance policy, receipt for premium, certificate of
insurance and insurance cover note.
10. Certificate concerning the loss of
country craft issued by the appropriate authority under Department of Commerce,
Mercantile Marine Department Circular No. 2 of 1938.
11. Protest made before a Notary Public or
other duly authorised official by a master of a ship relating to circumstances
calculated to affect the liability of the ship-owner.
12. Licence or permit for radio-telegraph
apparatus carried in ships or aircraft.
13. Certificate of registration of an
aircraft granted by the Government of the country to which the aircraft
belongs.
14. Certificate of airworthiness of an
aircraft granted or validated by, or under the authority of, the Government of,
the country to which the aircraft belongs.
15. Licences and certificates of competency
of aircraft personnel granted or validated by, or under the authority of, the
Government of the country to which the personnel belongs.
16. Ground Engineers Licence issued by a
competent authority authorised in this behalf by Government.
17. Consular Certificate in respect of goods
shipped or shut out, consular certificates of origin, and consular invoice.
18. Certificate of origin of goods issued
(but not merely attested) by a recognised Chamber of Commerce, or by a [
19. Receipt for payment of customs duty
issued by a Customs authority.
20. Schedule issued by a Port, Dock, Harbour,
Wharfage or Warehouse authority, or by a Railway company, showing fees, dues,
freights or other charges for the storage, transport or other services in
connection with goods.
21. Tonnage schedule and schedule of fees,
commission or other charges for services rendered, issued by a recognised
Chamber of Commerce.
23. Copy, certified by the Registrar of
Companies, of the memorandum or the articles of association of a company, filed
under the Companies Act, 1913.
24. Protest, noting and certifying the
dislionour of a bill of exchange, made before a Notary Public or other duly
authorised official.
PART II
Documents
in relation to which the Court "MAY presume"
1. Survey Report issued by a competent
authority— (f) in respect of cargo loaded ; or (if) certifying the quantity of
coal loaded ; or (Hi) in respect of the security of hatches.
2. Official log book. Supplementary Official
log book and official wireless log kept by a foreign ship.
3. Dock certificate, dock chalan, dock
receipt or warrant, Port Warehouse certificate or warrant, issued by, or under
the authority of, a Port, Dock, Harbour or Wharfage authority.
4. Certificate issued by a Port, Dock,
Harbour, Wharfage or other authority having control of acceptance of goods for
shipping, transport or delivery, relating to the date or time of shipment of
goods, arrival of goods for acceptance, arrival of vessels or acceptance or
delivery of goods, or to the allocation of berthing accommodation to vessels.
5. Export Application issued by a Port
authority showing dues paid, weight and measurement and the shutting out of a
consignment.
6. Certificate or receipt showing the weight
or measurement of a consignment issued by the official measurer of the
Conference Lines, or by a sworn or licensed measurer, or by a recognised
Chamber of Commerce.
7. Reports and publications issued by a Port
authority showing the movement of vessels, and certificates issued by such
authority relating to such movements.
8. Certificate of safety for flight signed by
a licensed Ground Engineer.
9. Aircraft Log Book, Journey Log Book and
Log Book, maintained by the owner or operator in respect of aircraft.
10. Passenger List or Manifest of Goods
carried in public transport aircraft.
11. Passenger ticket, issued by a steamship
company or air
transport company.
12. Air Consignment Note and Baggage Check,
issued by an air transport company in respect of goods carried by air, and the
counterfoil or duplicate thereof retained by the carrier.
13. Aircraft Load Sheet.
14. Storage warrant of a warehouse recognized
by a Customs, Excise, Port, Dock, Harbour or Wharfage authority.
15. Acknowledgment receipt for goods granted
by a Port, Dock, Harbour, Wharfage or Warehouse authority or by a Railway or
Steamship company.
16. Customs or Excise pass and Customs or
Excise permit or certificate, issued by a Customs or Excise authority.
17. Force majeiire certificate issued by a
recognised Chamber of Commerce.
18. Receipt of a Railway or Steamship company
granted to a consignor in acknowledgment of goods entrusted to the company for
transport.
19. Receipt granted by the Posts and
Telegraphs Department.
20. Certificate or survey award issued by a
recognised Chamber of Commerce relating to the quality, size, weight or
valuation of any goods, count of yarn or percentage of moisture in yarn and
other goods.
21. Copy, certified by the Registrar of
Companies, of the Balance Sheet, Profit and Loss Account, and audit report of a
company, filed with the said Registrar under the Companies Act, 1913, and the
rules made thereunder.
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