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Report No. 185

Section 139

We agree with paq

Section 140

We agree with para 78.4 of the 69th Report that no amendments are necessary to section 140.

Section 141, 142 & 143

We do not propose any amendments to secs. 141, 142 and 143 and leave them as they are.

Section 144

We agree with para 80.7 of the 69th Report that section 144 should be redrafted as follows:

"(1) Any witness may be asked, while under examination, whether any contract, grant or other disposition of property, as to which he is giving evidence, was not contained in a document, and if he says that it was, the adverse party may object to such evidence being given until such document is produced, or until facts have been proved which entitle the party who has called the said witness, to give 931 secondary evidence of it; and if, in the opinion of the Court, the document ought to be produced, the objection shall be upheld.

(2) If a witness, while under examination, is about to make any statement as to the contents of any document, the adverse party may object to such statement being made until such document is produced, or until facts have been proved which entitle the party who has called the said witness to give secondary evidence of it; and, if in the opinion of the Court, the document ought to be produced, the objection shall be upheld."

(The Explanation and illustration as at present remain.)



Review of the Indian Evidence Act, 1872 Back




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