What is In suits for damages, facts tending to enable Court to determine amount are relevant What is Facts relevant when right or custom is in question Section 12 and 13 of Indian Evidence Act 1872

In suits for damages, facts tending to enable Court to determine amount are relevant and Facts relevant when right or custom are in question is defined under Section 12 and 13 of Indian Evidence Act 1872. Provision under these sections are:

 

Section 12 of Evidence Act "In suits for damages, facts tending to enable Court to determine amount are relevant"

In suits in which damages are claimed, any fact which will enable the Court to determine the amount of damages which ought to be awarded, is relevant.


 

Section 13 of Evidence Act "Facts relevant when right or custom is in question"
 

Where the question is as to the existence of any right or custom, the following facts are relevant.
(a) Any transaction by which the right or custom in question was created, claimed, modified, recognized, asserted, or denied, or which was inconsistent with its existence;

(b) Particular instances in which the right or custom was claimed, recognized, or exercised, or in which its exercise was disputed, asserted or departed from.

Illustration

The question is, whether A has a right to a fishery. A deed conferring the fishery on A's ancestors, a mortgage of the fishery by A's father, a subsequent grant of the fishery by A's father, irreconcilable with the mortgage, instances in which A's father exercised the right, or in which the exercise of the right was stopped by A's neighbors, are relevant facts.

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