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Section 11 - 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.
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.
Related Sections
- Section 44: Opinion on relationship, when relevant
- Section 72: Comparison of signature, writing or seal with others admitted or proved
- Section 50: Character as Affecting damages
- Section 134: Confidential communication with legal advisers
- Section 103: Saving of provisions of Indian Succession Act relating to wills