Legal Question in Civil Litigation in India

proof of a foreign power of attorney

Dear friend,

I am dealing with a civil case where the opposite party has set up a power of attorney alleged to have been executed by certain persons residing in Malaysia. I want to prove that the said power of attorney is not a genuine document. My client has been to Malaysia and could not trace the said person i.e. by those whom the power of attorney is purported to have executed. Now the problem is how to proceed in the courts here i.e. how to prove that it is not a genuine document. Since document has been embossed as required under the law, the same carries a presumption of truth under the Indian Evidence Act and as such the onus is on us to prove the same is not genuine Any relevant case law shall be highly appreciated.

With warm regards,


Asked on 7/01/01, 10:54 am

1 Answer from Attorneys
Satish Maheshwari Vakilbabu

Re: proof of a foreign power of attorney

Dear Friend,

I am sorry, but as a matter of practise, we do not reply to queries from the persons, who do not give their complete details, nor to the persons not directly affected by the problem under the query. We also do not give any citations to the seekers.

Therefore we request you to send your query only through the query form at the Free legal advice pages of the vakilbabu website at http://www.vakilbabu.com quoting the reference LawGuru.com.

We believe you shall understand.

Warm regards

Satish Maheshwari.

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Answered on 7/08/01, 4:29 pm


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