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IEA, 1872
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IEAChapter VIISection 113
Section113

Proof of cession of territory

AI Assist

Summary

A notification published in the Official Gazette that a part of British territory was ceded to any Native State, Prince or Ruler before the commencement of Part III of the Government of India Act, 1935 is treated as conclusive proof. When such a Gazette notification exists, courts and officials must accept it as final evidence that a valid cession took place on the date named. No further proof of the cession is required.

Example

Ravi owns land in a tract where the Official Gazette records that the area was ceded to a princely state on 1 January 1935, before Part III began. Under this rule the Gazette entry is conclusive proof the cession was valid on that date, so Ravi cannot require further proof of the cession in court.

Bare Act

Enacted text

A notification in the Official Gazette that any portion of British territory has before the commencement of Part III of the Government of India Act, 1935 (26 Geo. 5, ch. 2) been ceded to any Native State, Prince or Ruler, shall be conclusive proof that a valid cession of such territory took place at the dale mentioned in such notification

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VII

Chapter VII

Of the Burden of Proof

In this chapter

  • 101Burden of proof
  • 102On whom burden of proof lies
  • 103Burden of proof as to particular fact
  • 104Burden of proving fact to be proved to make evidence admissible
  • 105Burden of proving that case of accused comes within exceptions
  • 106Burden of proving fact especially within knowledge
  • 107Burden of proving death of person known to have been alive within thirty years
  • 108Burden of proving that person is alive who has not been heard of for seven years
  • 109Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent
  • 110Burden of proof as to ownership
  • 111Proof of good faith in transactions where one party is in relation of active confidence
  • 111APresumption as to certain offences
  • 112Birth during marriage, conclusive proof of legitimacy
  • 113Proof of cession of territory
  • 113APresumption as to abetment of suicide by a married woman
  • 113BPresumption as to dowry death
  • 114Court may presume existence of certain facts
  • 114APresumption as to absence of consent in certain prosecutions for rape. 1
Previous · Section 112Birth during marriage, conclusive proof of legitimacyNext · Section 113APresumption as to abetment of suicide by a married woman