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Section 13 - Facts relevant when right or custom is in question | Indian Evidence Act, 1872 vs The Bharatiya Sakshya Adhiniyam, 2023 | LawFinder

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Indian Evidence Act, 1872 Section 13The Bharatiya Sakshya Adhiniyam, 2023 Section 11

Indian Evidence Act, 1872

Section 13

Facts relevant when right or custom is in question

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Indian Evidence Act, 1872

13. Facts relevant when right or custom is in question

Where the question is as to the existence of any right or custom, the following facts are relevant.

(a) Any transaction by which the right or custom in question was created, claimed, modified, recognized, asserted, or denied, or which was inconsistent with its existence;

(b) Particular instances in which the right or custom was claimed, recognized, or exercised, or in which its exercise was disputed, asserted or departed from.

Illustration

The question is, whether A has a right to a fishery. A deed conferring the fishery on A’s ancestors, a mortgage of the fishery by A’s father, a subsequent grant of the fishery by A’s father, irreconcilable with the mortgage, instances in which A’s father exercised the right, or in which the exercise of the right was stopped by A’s neighbors, are relevant facts.

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The Bharatiya Sakshya Adhiniyam, 2023

Section 11

Facts relevant when right or custom is in question

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The Bharatiya Sakshya Adhiniyam, 2023

11. Facts relevant when right or custom is in question.

Where the question is as to the existence of any right or custom, the following facts are relevant-

(a) any transaction by which the right or custom in question was created, claimed, modified, recognised, asserted or denied, or which was inconsistent with its existence;

(b) particular instances in which the right or custom was claimed, recognised or exercised, or in which its exercise was disputed, asserted or departed from.

Illustration.

The question is, whether A has a right to a fishery. A deed conferring the fishery on A's ancestors, a mortgage of the fishery by A's father, a subsequent grant of the fishery by A's father, irreconcilable with the mortgage, particular instances in which A's father exercised the right, or in which the exercise of the right was stopped by A's neighbours, are relevant facts.

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