“Law Master’s Publication”
(Statement made under Special Circumstances)
Prof.S.D.Bhosale
68
(..8..)
Statements are made under Special Circumstances.
(Ss.34 to 39)
SHORT NOTES
1. Regular entries in account books
2. Statements in maps and charts
3. Statements in Acts of Parliament of England or India
4. Law of a foreign country
SYNOPSIS
1) Regular entries in account books (S.34): -
2) Statements in maps and charts (S.36): -
3) Statements in Acts of Parliament of England or India (S.37): -
4) Law of a foreign country (S.38): -
Statements made in the following Special Circumstances are relevant, viz. –
1. Regular entries in account books (S.34): -
Entries in books of account, including those maintained in an electronic form
regularly kept in the course of business, are relevant whenever they refer to a
matter the court has to inquire about. However, such statements shall not alone be
sufficient evidence to charge any person with liability.
Illustrations: -
A sues B for Rs. 1,000 and shows entries in his account books showing B to
be indebted to him for this amount. The entries are relevant but are not sufficient
“Law Master’s Publication”
(Statement made under Special Circumstances)
Prof.S.D.Bhosale
69
without other evidence to prove the debt.
2. Statements in maps and charts (S.36): -
Statements of facts in issue or relevant facts made in published maps or
charts generally offered for public sale, or in maps or plans made under the
authority of the Central Government or any State Government, as to matters
usually represented or stated in such maps, charts or plans, are themselves relevant
facts.
3. Statements in Acts of Parliament of England or India (S.37): -
When the Court has to form an opinion as to the existence of any fact of a
public nature, any statement of it, made in a recital contained in any Act of
Parliament of the United Kingdom or any Central Act, Provincial Act, or a State
Act, or in a Government notification or notification by the Crown’s Representative
appearing- in the Official Gazette or in any printed paper purporting to be the
London Gazette or the Government Gazette of any Dominion, colony or
possession of His Majesty is a relevant fact.
4. Law of a foreign country (S.38): -
When the court has to form an opinion as to the law of any country, any
statement of such law contained in a book purporting to be printed or published
under the authority of the Government of such country and to contain any such
law, and any report of a ruling of the court of such country contained in a book
purporting to be a report of such ruling, is relevant.
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