The Commercial Documents Evidence Act, 1939
The Commercial Documents Evidence Act, 1939, enacted as Central Act XXX of 1939 and effective from 1 January 1939, changes how courts assess specified commercial documents under the Indian Evidence Act, 1872. The text includes later amendments and substitutions, including an amendment made by Karnataka Act 33 of 1978.
Purpose and scope
The Commercial Documents Evidence Act, 1939 makes statements about relevant matters in listed commercial documents admissible as relevant facts under the Indian Evidence Act, 1872. Its extent clause states that it applies throughout India except territories that immediately before 1 November 1956 formed part of Part B States, subject to the amendment reproduced in the text.
The Commercial Documents Evidence Act, 1939 concerns evidence in court. It does not provide procedures for establishing property ownership, registering a sale deed or changing land records.
How courts treat listed documents
The Commercial Documents Evidence Act, 1939 divides documents into two groups:
- For documents in Part I of the Schedule, a court shall presume that a document appearing to have been duly made by or under the appropriate authority was so made and that its statements are accurate.
- For documents in Part II, a court may make that presumption, but is not required to do so.
- Statements about facts in issue or relevant facts are themselves relevant where they concern matters usually stated in the scheduled document.
Documents carrying the mandatory presumption
Part I includes:
- Lloyd's shipping publications and specified ship logs, certificates and survey records.
- Marine insurance policies, premium receipts, insurance certificates and cover notes.
- Aircraft registration, airworthiness and personnel competency certificates.
- Certificates of origin issued by recognised authorities.
- Customs duty receipts and official schedules of port, warehouse, railway and related charges.
- Certified copies of a company's memorandum or articles of association filed with the Registrar of Companies.
- Documents recording the dishonour of a bill of exchange before a Notary Public or another authorised official.
Documents carrying a discretionary presumption
Part II includes cargo surveys, port and warehouse documents, aircraft records, passenger and goods manifests, air consignment notes, storage warrants, customs or excise documents, railway and steamship receipts, postal receipts and force majeure certificates. It also includes certified copies of company balance sheets, profit and loss accounts and audit reports filed with the Registrar of Companies.
Relevance to property transactions
The Commercial Documents Evidence Act, 1939 may matter where a property or commercial dispute relies on a scheduled company, warehouse, transport, customs or insurance document. The supplied Schedule does not list sale deeds, title deeds, encumbrance records, patta records or other land ownership documents.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Does the Commercial Documents Evidence Act, 1939 prove ownership of land in Tamil Nadu?
The supplied text does not establish rules for proving land ownership. It deals with the evidentiary treatment of specified commercial documents.
Must a court accept every listed commercial document as genuine?
For Part I documents, the court shall apply the stated presumption. For Part II documents, the court may apply it, so the presumption is discretionary.
Are company records covered by the Commercial Documents Evidence Act, 1939?
Yes. Part I includes Registrar of Companies certified copies of a company's memorandum or articles of association, while Part II includes certified balance sheets, profit and loss accounts and audit reports filed with the Registrar.
What is a recognised Chamber of Commerce under the Act?
It is a Chamber of Commerce recognised by its country's government as competent to issue certificates of origin. The definition also includes another association recognised in the same way.
