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The Presumption of Trust: Section 3 of the CDEA in Action

Section 3 of the Commercial Documents Evidence Act, 1939 (CDEA) adds another layer of power to your commercial documents, granting them a presumption of genuineness and accuracy in court. Let's translate this legalese into a real-life example:

Imagine you're an exporter facing a payment dispute. The buyer claims they never received the goods, despite your shipping records showing otherwise. Traditionally, proving delivery might require complex documentation and witness statements.

That's where Section 3 comes in:

• This section empowers courts to presume the genuineness of certain documents listed in the CDEA Schedule (Part I) if they appear authentic and are issued by the appropriate authority. Think of it as a built-in trust factor for documents like bills of lading issued by shipping companies.
• For documents in Part II of the Schedule (e.g., certificates of origin), courts may presume their genuineness and accuracy, giving them significant weight as evidence.

Here's how it helps in our example:

• Your bill of lading, if included in Part I, is presumed genuine, placing the burden of proof on the buyer to contest its authenticity.
• Even if your certificate of origin falls under Part II, the court might still presume its accuracy, strengthening your claim of delivery.

Remember, presumptions can be rebutted: While Section 3 gives your documents a head start, the opposing party can still challenge their authenticity or accuracy with counter-evidence.

Key takeaways: