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Report No. 60

15.11. Case law as to what proof needed.-

Controversies also arise as to whether proof of this or that fact is sufficient to rebut the presumption under section 27. Some of the cases relating to the rebuttal of the presumption are noted in the footnote.1 It may not, how-ever, be convenient to lay down any detailed rules in this regard.

1. (a) Sarkar Estates Pvt. Ltd. v. V.K. Iron Works Ltd., AIR 1961 Cal 439 (442), paras. 3-4 (Refusal to accept);

(b) Sukumar v. Naresh Chandra, AIR 1968 Cal 49;

(c) 1970 All LI 455.

General Clauses Act, 1897 Back

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