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Report No. 185

Section 46

The section refers to 'Facts bearing upon opinions of expert'. It reads as follows:

"Section 46. Facts not otherwise relevant, are relevant if they support or are inconsistent with the opinion of experts, when such opinions are relevant."

There are two illustrations below this section. Illustration (b) is based on the case in Folkes v. Chadd (1872) 3 Doug. 157 which deals with choking up of other harbours on account of a bank erected. This evidence supported the evidence of an expert.

In the 69th report, it was pointed out in Ch. 19 that Sec.46 does not require any change. We agree with this view.

Review of the Indian Evidence Act, 1872 Back

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