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Report No. 185

Section 37

Section 37 refers to the relevancy of statements as to facts of a 'public nature' contained in certain Acts or Notifications. It reads as follows:

"Section 37: When the Court has to form an opinion as to the existence of any fact of a public nature, any statement of it, made in a recital contained in any Act of Parliament of the United Kingdom, or in any Central Act, Provincial Act or a State Act or in a Government notification or notification by the Crown Representative appearing in the Official Gazette or the Government Gazette of any Dominion, colony or possession of His Majesty, is a relevant fact."

In the 69th Report it was suggested (para 14.43) that the relevant parts of the section referring to Parliament of UK or London Gazette or Dominion or Crown Representative should be separated and be covered by addition of a clause before these clauses "such as respects the period before the 15th day of August, 1947".

There can be no difficulty in accepting this recommendation. The section has then to be revised as follows:

"37. Relevancy of statement as to fact of public nature contained in certain Acts or notifications.- When the Court has to form an opinion, as to the existence of any fact of a public nature, any statement of it made in a recital containe.-

(a) in any Central Act, Provincial Act, or a State Act, or

(b) in a Government notification appearing in the Official Gazette, or

(c) as respects the period before 15th day of August, 194.-

(i) in any Act of Parliament of the United Kingdom, or

(ii) in a Government notification appearing in any printed paper purporting to be the London Gazette or the Government Gazette of any Dominion, colony or possession of His Majesty, or

(iii) in a notification by the Crown Representative appearing in the Official Gazette, is a relevant fact."



Review of the Indian Evidence Act, 1872 Back




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