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Nothing herein contained shall affect any law in force in India and not hereby repealed, by which any contract is required to be made in writing or in the presence of witnesses or any law relating to the registration of documents.
In addition, the sixth element '' though not specified in the law viz., “intention to create legal obligations” is also considered. This intention could be express or inferred.
Balfour V. Balfour (1919 2 KB 571 CA)
A husband and wife were residents in Ceylon where the husband was employed. Then went to England on leave. At the end of leave, husband had returned but wife stayed back on account of illness...
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