New 55% Off on All Courses - Enroll Now! Click Here

    Question

    If a person has made an entry in a book of accounts

    kept by him in the course of his business and he dies subsequently, can the entries in book of accounts be taken into consideration under s.32?
    A no Correct Answer Incorrect Answer
    B not under s.32 Correct Answer Incorrect Answer
    C taken under s.33 Correct Answer Incorrect Answer
    D taken under s.32. Correct Answer Incorrect Answer

    Solution

    S. 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant. –– Statements, written or verbal, of relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured without an amount of delay or expense which under the circumstances of the case appears to the Court unreasonable, are themselves relevant facts in the following cases: –– (2) or is made in course of business. –– When the statement was made by such person in the ordinary course of business, and in particular when it consists of any entry or memorandum made by him in books kept in the ordinary course of business, or in the discharge of professional duty; or of an acknowledgement written or signed by him of the receipt of money, goods, securities or property of any  kind; or of a document used in commerce written or signed by him; or of the date of a letter or other document usually dated, written or signed by him.

    Practice Next