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What is the difference between clause (5) and (6) of section 32 of the Evidence Act -
(i) Clause (5) refers to statements relating to the existence of any relationship between persons alive or dead, and the statement is to be made by a person who had special means of knowledge, that is, it imposes the restrictions that the person making the statement should have special means of knowledge. Clause (6) refers to the existence of relationship between deceased persons only; and it imposes no such restriction as under clause (5). It is enough if the statement is made in a will or deed relating to the affairs of the family or in any family pedigree, etc., no matter by whom it was made.
(ii) Clause (6) refers to the existence of relationship between deceased persons only; and it imposes no such restriction as under clause (6). It is enough if the statement is made in a will or deed relating to the affairs of the family or in any family pedigree, etc., no matter by whom it was made. Clause (6) refers to statement relating to the existence of any relationship between persons alive or dead and the statement is to be made by a person who had special means of knowledge, that is, it imposes the restrictions that the person making the statement should have special means of knowledge.
(iii) Clause (6) also refers to pedigree, but differs from clause (5) in this – that in clause (5) the evidence is the declaration of the person deceased or otherwise unproduceable, in
clause (6) the evidence is that of things, such as genealogical trees, tomb–stones, etc.
(iv) The statement in clause (5) may be either written or verbal; the statement in clauses (6) must always be written as the evidence therein is that of thing.
(v) The statement in clause (6) may be either written or verbal; the statement in clause (5) must always be written as the evidence therein is that of things.
(vi) Clause (5) also refers to pedigree, but differs from clause (6), in clause (6) the evidence is the declaration of the person deceased or otherwise unproduceable, in clause (5) the evidence is that of things, such as genealogical trees, tomb-stone, etc.
Find out correct statements:
(i), (iii), (v)
(ii), (iii), (v)
(ii), (v), (vi)
(i), (iii), (iv)
Om Prakash Sharma vs. Rajendra Prasad Shewda (2015) 15 SCC 556 Para [Ratan Lal and Dhiraj Lal, 27th P-191]
By: santosh ProfileResourcesReport error
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