590 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Illustration— (a) (b)
Ordinarily the evidence of similar acts is not relevant because if a person has done one act, it does not follow that he must have done the particular act in question.
§ Proof is allowed of facts showing the existence of a course of business according to which it naturally would have been one, if the question is a particular act was done or not.
Illus.— (a) (b).
This shows probability.
Question is whether a particular letter reached A or not ? The letter was posted and was not returned through the Dead Letter Office may be proved.
§ EVIDENCE OF TRANSACTION AND INSTANCES IN PROOF OF RIGHTS AND CUSTOMS.
Scope of the word Right.
(A) There are three kinds of rights.
Private —e.g. a private right of way.
General —A Right common to any considerable class of persons. E.G. the right of villagers of a particular village to use the water of a particular well. Sec. 48 Illus.
Public —This is not defined in the Act. Every public right in the sense of the previous definition of general right is a general one though (according to the distinction drawn by the English Law) every general right is not a public right.
The section applies to all rights whether they are Private, General, or Public by reason of the word any.
(B) Does the section apply to all kinds of rights ? This question arises because of the absence of the word every. There was once a conflict of decisions on this question. One view was that included all rights. The other view was that it included only incorporeal rights.
The view now held seems to be that the term includes all rights.