Section 49 of Evidence Act 1872

Opinions as to usages, tenets, etc., when relevant.--- When the Court has to form an as to –

The usages and tenets of any body of men or family,

The constitution and government of any religious or charitable foundation, or the meaning of the words or terms used in particular districts or by particular classes of people,

The opinions of persons having special means of knowledge thereon, are relevant facts.

 

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Opinion as to existence of right or custom, when relevant

Section 48- Opinion as to existence of right or custom, when relevant.—When the Court has to form the 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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