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[Section Index]

1The Evidence Act, 1872

( ACT NO. I OF 1872 )

[ 15th March, 1872 ]

Part I

RELEVANCY OF FACTS

Chapter II

OPINIONS OF THIRD PERSONS WHEN RELEVANT

Opinion as to existence of right or custom, when relevant

48. When the Court has to form an opinion as to the existence of any general custom or right, the opinions, as to the existence of such custom or right, of persons who would be likely to know of its existence if it existed, are relevant.

 
 

Explanation.–The expression "general custom or right" includes customs or rights common to any considerable class of persons.

 
 

Illustration

 
 

The right of the villagers of a particular village to use the water of a particular well is a general right within the meaning of this section.

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    Throughout this Act, except otherwise provided, the words "Bangladesh", "Government" and "Taka" were substituted, for the words "Pakistan", "Central Government" and "rupees" or "Rs." respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
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