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Report No. 185

63. Omission of section 113.- Section 113 of the principal Act shall be omitted.

64. Amendment of section 114.- In section 114 of the principal Act,

(i) Illustrations (b) and (c) shall be omitted;

(ii) after Illustration (d), the following Illustration shall be inserted, namely:-

"(da) that a thing or state of things which has been shown to be in existence at a point of time, was in existence earlier within a period shorter than within which such things or state of things usually cease to exist";

(iii) after the paragraph "But the Court shall also have regard to such facts as the following, in considering whether such maxims do or do not apply to the particular case before it:" the following amendments shall be made, namely:-

(A) both the paragraphs starting with the words "As to Illustration (b)" shall be omitted;

(B) the paragraph starting with the words "As to Illustration (c)" shall be omitted;

(C) after the paragraph starting with the words "As to Illustration (d)" the following shall be inserted, namely:-

"As to Illustration (da) : It is proved that a river is running in a certain course this year, but it is known that there have been floods for several years earlier, which might have changed its course." ;

(D) in the paragraph starting with the words," As to Illustration (e)", for the words " A judicial act, the regularity of which is in question ",the words ," A judicial or official act, the regularity of which is in question" shall be substituted.



Review of the Indian Evidence Act, 1872 Back




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