- 24-Dec-2024
- Family Law Guides
When there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is a relevant fact.
(a) The question is, whether a particular letter was dispatched. The facts that it was the ordinary course of business for all letters put in a certain place to be carried to the post, and that particular letter was put in that place are relevant.
(b) The question is, whether a particular letter reached A. The facts that it was posted in due course, and was not returned through the Return Letter Office, are relevant.
Section 14 of the Bhartiya Sakshya Adhiniyam, 2023, addresses the relevance of a course of business in determining whether a particular act, such as the dispatch or receipt of a letter, occurred. It establishes that if an act aligns with an established business practice, that fact is significant in legal considerations.
A1: It states that the existence of any course of business that naturally relates to a particular act is a relevant fact when questioning whether that act was done.
A2: The fact that it was the ordinary course of business for letters placed in a specific location to be dispatched is relevant in determining if a particular letter was sent.
A3: The relevant facts include that the letter was posted in due course and was not returned through the Return Letter Office.
1. Example 1: If a letter was found in a designated outgoing mail slot in an office, this supports the argument that the letter was dispatched according to the regular business practice.
2. Example 2: If a letter is tracked and shows no return to sender and was sent through the normal postal process, this indicates it likely reached the intended recipient.
Section 14 of the Bhartiya Sakshya Adhiniyam highlights the importance of established business practices in assessing whether specific acts were performed, such as the dispatch and receipt of letters. It clarifies that evidence of such practices is relevant in legal determinations.
Answer By Law4u TeamDiscover clear and detailed answers to common questions about Bhartiya Sakshya Adhiniyam (BSA). Learn about procedures and more in straightforward language.