Report No. 100

2.5. Recent case law.-

In this context, it is relevant to mention that experience of the practical working of section 80 shows that it creates more problems than it solves. In fact, the section solves no problems at all. This was emphasised by the Law Commission in its earlier Reports on the Code.1-2 Lest it should be thought that the amendments of 1976 have improved the position, let us record here that a perusal of the case law of recent years does not show any substantial improvement. By way of illustration, we refer in the next few paragraphs to a few reported decisions of the last few years on the section.

1. Law Commission of India, 27th Report.

2. Law Commission of India, 54th Report.