Section 64
of Syariah Evidence Ordinance, 2001
Section 64
The Court shall presume the genuineness of every document purporting to be a Gazette of the Federal Government or any State Government or to be a newspaper or journal and of every document purporting to be a document directed by any law to be kept by any person, if the document is kept substantially in the form required by law and is produced from proper custody.
Presumption as to maps or plans made by authority of
Government 65.
The Court shall presume that maps or plans purporting to be made by the authority of the Federal Government or any State
Government were so made and are accurate.
Presumption as to collection of laws and reports of decisions 66.
The Court shall presume the genuineness of every book purporting—
(a)
to be printed or published under the authority of the
Government of any country and to contain any of the laws of that country; or
(b)
to contain reports or decisions of the courts of that country.
Presumption as to powers of attorney 67.
The Court shall presume that every document purporting to be a power of attorney, and to have been executed before and authenticated by a Judge or consular officer of Malaysia was so executed and authenticated.
Presumption as to certified copies of foreign judicial records 68.
The Court may presume that any document purporting to be a certified copy of any judicial record of any foreign country is genuine and accurate if the document purports to be certified in any manner which is certified by any representative of the Yang di-Pertuan Agong in or for such country to be the manner commonly in use in that country for the certification of copies of judicial records.
Presumption as to books, maps and charts 69.
The Court may presume that any book to which it may refer for information on Islamic Law or any matter of public or general interest, and that any published map or chart the statements of which are relevant facts and which is produced for its inspection, was written and published by the person and at the time and place by whom or at which it purports to have been written or published.
Presumption as to telegraphic messages 70.
The Court may presume that a message forwarded from a telegraph office to the person to whom it purports to be addressed corresponds with a message delivered for transmission at the office from which the message purports to be sent; but the Court shall not make any presumption as to the person by whom the message was delivered for transmission.
Presumption as to due execution, etc., of documents not produced 71.
The Court shall presume that every document called for and not produced, after notice to produce was given under section 53, was attested, stamped and executed in the manner required by law.
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