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Report No. 185

Section 41

The 69th Report, however, discussed issues as to lunacy jurisdiction and recommended (para 16.32) that as does not fall in any one of the four enumerated categories, the order in that behalf under the Indian Lunacy Act is not a judgment in rem though it may be binding between parties and privies. We do not, however, think that this classification is necessary for it is no different from the cases of legitimacy, adoption etc. referred to above.

We recommend that it is sufficient if an Explanation can be inserted below section 41 to the following effect:

"Explanation.- An order refusing to grant probate does not fall within the scope of the section."

Section 42

We are of the view that the 69th Report did well in not proceeding with the proposed section 42A to make previous convictions admissible in latter cases. We leave the matter at that.

Review of the Indian Evidence Act, 1872 Back

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