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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 30: Relevancy of statements in maps, charts and plans
- Section 90: Presumption as to electronic messages
- Section 33: What evidence to be given when statement forms part of a conversation, document, electronic record, book or series of letters or papers
- Section 10: Facts tending to enable Court to determine amount are relevant in suits for damages
- Section 103: Saving of provisions of Indian Succession Act relating to wills
Related Acts
- Criminal Procedure (Identification) Act, 2022
- Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017
- National Commission for Homoeopathy Act, 2020
- Transgender Persons (Protection of Rights) Act, 2019
- Indian Institutes of Information Technology (Amendment) Act, 2017