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Report No. 185

Section 36

In the 69th Report, it was pointed out firstly (see para 14.32) that the words 'maps or plans or charts' must appear in the first and second parts of section 36. As at present, in the first part which refers to those offered for public sale, 'plans' are not included while in the second part which refers to those made under the authority of Government, 'charts' are not included.

Secondly, it was stated (see para 14.34) that the opening part of the section which refers to "statements of facts in issue or relevant facts" is governed by the words in the latter part, namely, "as to matters usually represented or stated" and that this idea must be prominently brought out by suitable amendment.

We do not think it necessary to accept the second part of the recommendation of the 69th report. Further, the words "as to matters usually represented or stated" cannot easily be particularized.

We recommend, that the first recommendation be accepted by referring to the words 'maps, charts and plans' at the two places in section 36. We recommend the following draft of revised section 36:-

"36. Relevancy of statements in maps, charts and plans.- Statements of facts in issue or relevant fact.-

(a) made in published maps, charts or plans generally offered for public sale; or

(b) contained in published maps, charts or plan made under the authority of the Central Government or any State Government, as to matters usually represented or stated in such maps, charts or plans, are themselves relevant facts."



Review of the Indian Evidence Act, 1872 Back




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