Attested Copy - Law Dictionary Search Results
Home Dictionary Name: attested copyAttested copy
Attested copy, a verified transcript of a document....
Attestation
Attestation, the signing by a witness to the signature of another of a statement that a document was signed in the presence of the witness. The (English) Criminal Procedure Act, 1865 (28 & 29 Vict. c. 18), s. 7 (applicable both to civil and criminal cases), renders it unnecessary to prove by the attesting witness any instrument to the validity of which attestation is not requisite, and such instrument may now be proved by admission, or otherwise, as if there had been no attesting witness. Wills and codicils (1 Vict. c. 26), warrants of attorney and cognovits (1 & 2 Vict. c. 110), agreements with crews of 'foreign-going' ships ((English) Merchant Shipping Act, 1894, s. 115), and bills of sale (see BILL OF SALE) require attestation.As to the attestation of deeds in execution of certain powers of appointment, see (English) Law of Property Act, 1925, s. 159, replacing (English) Law of Property Amendment Act, 1859, s. 12.As to attestation by a justice of the peace of the enlistment of a rec...
Attestation Clause
Attestation Clause, the sentence subscribed to a written instrument signed by the witnesses to its execution, stating that they have witnessed it. Such a clause (in very precise terms)is always appended to a will formally prepared, the most common form being as follows:-Signed by the above-named and acknowledged by him as his will in the presence of us present at the same time, who at his request and in his presence and in the presence of each other, now subscribe our names as witnesses.It is expressly provided by s. 9 of the (English) Wills Act, 1837 (1 Vict. c. 26), that the signature of the testator, or of some other person by his direction, 'shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time,' and that 'such witnesses shall attest and shall subscribe the will in the presence of the testator'; but it is added that 'no form of attestation shall be necessary.' By Rule 4 of the (English) Probate (Non-Contentious) Rules, 1925,...
Attestation and attesting witness
Attestation and attesting witness, by attestation is meant the signing of a document to signify that the attestor is a witness to the execution of the document; and by s. 63(c) of the Succession Act, an attesting witness is one signs the document in the presence of the executing after seeing the execution of the document or after receiving a personal acknowledgment from the executant as regards the execution of the document, Beni Chand v. Kamla Kumar, AIR 1977 SC 63 (67): (1976) 4 SCC 54. [Evidence Act (1 of 1872) s. 68]...
Copy
Copy [copia, Lat.], the transcript or double of an original writing; as the copy of a patent charter, deed, etc. As to when copies certified or examined are admissible in evidence, see Taylor on Evidence, ss. 1323 et seq.'Copy' means a copy which it substantially the same as the original variation if any from the original should not be vital in nature or should not be such that can possibly mislead a reasonable person in meeting to allegation. If the copy differs in martial particulars from the original the same cannot be cured after the period of limitation, Chandrakant Uttam Chodankar v. Dayanand Raju Mandrakar, (2005) 2 SCC 188.The word 'copy' in s. 419 means, a certified copy', State of Uttar Pradesh v. C. Tobit, AIR 1958 SC 414: 1958 SCR 1275. (Criminal Procedure Code, 1898, s. 419)--The word 'copy' in sub-s. (3) of s. 81 does not mean an absolutely exact copy, but means that the copy shall be so true that nobody can by any possibility misunderstand it, Murarka Redhey Shyam Ram Ku...
Attesting witness
Attesting witness, a person who has seen a party execute a deed, or sign a written document. He then subscribes his signature for the purpose of identification and proof at any future period. See ATTESTATION....
Copy, true copy
Copy, true copy, The expression 'copy' in s. 81(3) of the Act, means a copy which is substantially so and which does not contain any material or substantial variation of a vital natureas could possibly mislead a reasonable person to understand and meet the charges/allegations made against him in the election petition. Indeed a copy which differs in material particulars from the original cannot be treated as a true copy of the original within the meaning of s. 81 (3) of the Act and the vital defect cannot be permitted to be cured after the expiry of the period of limitation, T.M. Jacob v. C. Poulose, (1999) 4 SCC 274: AIR 1999 SC 1359 (1369). [Representation of the People Act, 1951, s. 81(3)]See also Chandrakant Uttam Chodankar v. Dayanand, (2005) 2 SCC 188....
True copy
True copy, a 'true copy' means a copy which is wholly and substantially the same as the original. Where therefore, there are insignificant or minimal mistakes, the court may not take notice thereof, Mithilesh Kumar Pandey v. Baidyanath Yadav, AIR 1984 SC 305 (307): (1984) 2 SCC 1: (1985) 2 SCR 278.The object of serving a 'true copy' of an election petition and the affidavit filed in support of the allegations of corrupt practice on the respondent in the election petition is to enable the respondent to understand the charge against him so that he can effectively meet the same in the written statement and prepare his defence. The requirement is, thus, of substance and not of form, T.M. Jacab v. C. Poulose, (1999) 4 SCC 274 (290): AIR 1999 SC 1359. [Representation of the People Act, 1951, s. 81(3)]A true copy is a transcript identical to or substitute to the original but no absolutely exact copy. But nobody can by any possibility, misunderstand it to be not a true copy, Shipra v. Shanti L...
Certified copies
Certified copies, every public officer having the custody of a public document, which any person has a right to inspect, shall give that person or demand a copy of it on payment of the legal fees therefor, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof, as the case may be, and such certificate shall be dated and subscribed by such officer with his name and his official title, and shall be sealed, whenever such officer is authorised by law to make use of a seal; and such copies so certified shall be called certificate copies (Indian Evidence Act, 1872, s. 76)...
Infringing copy
Infringing copy, 'infringing copy' means,--(i) in relation to a literary, dramatic, musical or artistic work, a reproduction thereof otherwise than in the form of a cinematographic film;(ii) in relation to a cinematographic film, a copy of the film made on any medium by any means;(iii) in relation to a sound recording, any other recording embodying the same sound recording, made by any means;(iv) in relation to a programme or performance in which such a broadcast reproduction right or a performer's right subsists under the provisions of this Act, the sound recording or a cinematographic film of such programme or performance,if such reproduction, copy or sound recording is made or imported in contravention of the provisions of this Act. [Copy right Act, 1957 (14 of 1957), s. 2(m)]...
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