Legislative Dictionary - D

Judicial Dictionary


Legislative Dictionary


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The word "document" denotes any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, as evidence of that matter.

Explanation 1.It is immaterial by what means or upon what substance the letters, figures or marks are formed, or whether the evidence is intended for, or may be used in, a Court of Justice, or not.

Illustrations

A writing expressing the terms of a contract, which may be used as evidence of the contract, is a document. A cheque upon a banker is a document. A power-of-attorney is a document. A map or plan which is intended to be used or which may be used as evidence is a document. A writing containing directions or instructions is a document.

Explanation 2.Whatever is expressed by means of letters, figures or marks as explained by mercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within the meaning of this section, although the same may not be actually expressed.

Illustrations

A writes his name on the back of a bill of exchange payable to his order. The meaning of the endorsement, as explained by mercantile usage, is that the bill is to be paid to the holder. The endorsement is a document, and must be construed in the same manner as if the words 'pay to the holder" or words to that effect had been written over the signature.

[See section 29, the Penal Code,1860 (Act No. XLV of 1860)].

"Document" means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used, for the purpose of recording that matter.

Illustrations

A writing is a document: A map or plan is a document: An inscription on a metal plate or stone is a document: A caricature is a document.

[See section 3, the Evidence Act, 1872 (Act No. I of 1872)].

"document" shall include any matter written, expressed o-r described upon any substance by means of letters, figures or marks, or by more than one of those means, which is intended to be used, or which may be used, for the purpose of recording that matter.

[See section 3(16), the General Clauses Act, 1897 (Act No. X of 1897)].

"Document" includes part of a document.

[See section 2(3), the Official Secrets Act, 1923 (Act No. XIX of 1923)].
Created OnJune 4, 2011, 4:47 AM
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