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Report No. 60

15.10. Recommendation to use the words "shall be presumed".-

If (as is suggested above), the deeming provision in section 27 is subject to evidence to the contrary in both cases,1 it would also be desirable to replace the words "deemed" by the usual formula "shall be presumed"2. That formula is more appropriate for indicating that the presumption is rebuttable.

1. See para. 15.9, supra.

2. Cf. sections 3 and 4, Evidence Act.

General Clauses Act, 1897 Back

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