Report No. 13
27. Section 3.-
The Bihar Lawyers' Association has suggested that 'and' should be substituted for 'or' before 'which has the effect of communicating it'. We have also given due consideration to the comment of Pollock and Mulla1 on the matter. The learned commentators observed that to get the sense that an act intended to communicate a proposal etc., but failing to do so, is not a communication at all, we should have to read 'and' for 'or' in the last clause. We, however, feel that no change need be recommended inasmuch as the existing language has not so far caused any difficulty in the courts.
1. "Pollock & Mulla; Op. Cit., p. 35.
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