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Report No. 88

7.5. Decision of objection.-

It is expressly laid down in the second part of the section that only the court can decide the validity of the object. There is, however, a disharmony between section 123 and section 162. Section 123, in the last part, gives power to the head of the Department to give or withhold permission "as he thinks fit". But section 162 gives the power to the Court. It is necessary to remove this disharmony-which can be achieved by deleting the offending part of section 123.

Governmental Privilege in Evidence - Sections 123, 124 and 162 of the Indian Evidence Act, 1872 and Articles 74 and 163 of the Constitution Back

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