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Report No. 86

1.4. Defective machinery.-

Even when one concentrates on the adjectival aspect, certain expectations of society must be satisfied. The machinery incorporated in adjective law should be smooth in its operation and the law relating thereto, as far as possible, free from ambiguities that might hinder its smooth operation. Unfortunately, the machinery as contained in the Partition Act has not worked satisfactorily. Experience has shown that the manner in which many of its provisions were originally framed and the conflicting interpretations which those provisions have received in the courts, have resulted in confusion and caused hardship.



The Partition Act, 1893 Back




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