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CS Professional · Drafting, Pleadings and Appearances · Documents under Companies Act, 2013

In a suit, Rohan wants to prove the contents of a charter document of Sunrise Ltd. kept at the Registrar's office, without producing the original. Which course does the Act support?

Rohan should produce a copy certified as true by the Registrar. Under section 399(3), such a certified copy or extract is admissible in evidence in all legal proceedings as of equal validity with the original, and the Registrar's official position need not be proved.

  1. AProduce a copy certified as true by the Registrar, which is admissible in evidence as of equal validity with the originalCorrect
  2. BProduce a copy certified by the company's director, which is equally valid
  3. CProduce an uncertified photocopy, since it has no evidential value anyway
  4. DApply to the Central Government, as only it can certify copies

Explanation

Section 399(3) provides that a copy or extract of a document kept and registered with the Registrar, certified to be true by the Registrar, is admissible in all legal proceedings as of equal validity with the original. The Registrar's official position need not be proved. A director's certification does not carry that statutory effect.

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