566 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
The important circumstances in the case were two :
(1) That Upendra died from the effects of a Carbuncle from which he had been suffering for a fortnight.
(2) That Upendra had made will on the 14th July 1886 appointing Tilottama as his Executrix and directing her to adopt a son.
The contention was that if he was ill he could not have cohabited. The contention was negative.
(3) Inability to cohabit must be distinguished from genital inability. 1935. (All India Reporter) P.O. 199 (for Physical inability).
Query- If he was impotent.
The Section abrogates the rules of Hindu and Mahomedan Law regarding Legitimacy. 10. All. 289.
According to Mahomedan Law a child born six months after marriage or within two years after divorce or death of the husband is presumed to be her legitimate offspring.
According to Hindu Law it is ten months after divorce or death of the husband.
The section does not prohibit a person born after 280 days from proving he is the legitimate son. Only the burden of proof is upon him.
24 All. 445. 357 days after the death of the father.
There is a difference between the English and Indian Law of Evidence regarding the competency of the Husband and wife on the issue of access when the question of the Legitimacy of the child arises.
Under the English Law they are incompetent.
Under the Indian Law they are competent.
38 Mad. 466.
28 Bom. L.R. 207.
Section 113
1. The section deals with the Burden of Proof regarding the cession of a territory.
How is it to be proved that a certain territory which was once a part of British India has ceased to be part of British India.