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cheating based on forged document which is a questioned document


12-Sep-2023 (In Criminal Law)
original retirement deed i.e. questioned document is missing.case is at prima facie stage. The accused and banks has cited non availability of retirement deed but shown a photocopy of registrar of firms depicting the use of retirement deed. complainant has however proven in court that in sales tax dept. the accused persons have shown the retired partner as a partner in firm while applying for VAT number. is it against public policy and can the deed be invalidated on this score.
Answers (3)

Answer #1
582 votes
photo copy is not reliable source of evidence and if partner name is vat than he can collect the vat dept. and that document should have sign of partner and all dispute related to Partnership is governed by Partnership act.
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Advocate Rajesh Kumar

Adv. Rajesh Kumar

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Answer #2
842 votes
the court always require the original document when they have to decide on the sanctity of the document. the photocopy of the documents are not maintainable in the court of law and if original is not present then the organization is asked to submit a report that it was as lost and a file has been presented before the police
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Answer #3
940 votes
Deed cannot be invalidated on this score, as photocopy being secondary evidence is acceptable by court under certain conditions. however if accused is shown as partner for vat registration which is after date of execution of retirement deed then that is vital evidence and should be considered by court. should you have any questions please feel free to contact me
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Advocate Kunal Seth

Adv. Kunal Seth

LawRatoDelhi | 700+ Answers
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