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Report No. 106

5.5. Questions of proof.-

Before coming to a firm conclusion on the subject as indicated above1, we have given some thought to the question of proof. In fact, in the Working Paper2, we had made a specific reference to this aspect-without of course, expressing any final view on the point. However, looking to the enthusiasm shown in favour of adopting this particular alternative in the comments received on the Working Paper3, we think that no serious practical difficulties should arise on this score. The views expressed in the comments regard this alternative as the more practicable4. Apart from the views, we ourselves have tried to explore the difficulties of proof, and we have came to the conclusion that there should be none. Incidentally, the transferee of ownership would normally be in possession of the vehicle, and that itself is prima facie evidence of ownership.5

1. Para. 5.3, supra. ,

2. Para. 4.1(b), supra.

3. Chapter 4, supra.

4. Law Commission File No. F.2(7)/84-L.C., S. No. 4.

5. Section 110, Indian Evidence Act, 1872.

Section 103A of the Motor Vehicles Act, 1939 - Effect of Transfer of a Motor Vehicle on Insurance Back

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