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...faith or abuse of powers cannot be presumed — Evidence Act, 1872, S. 114, Ill. (e)Per K. Ramaswamy, J.In...interpreting the Constitution neither motives nor bad faith nor abuse of power be presumed unless in an individual case it is assailed and arises for consideration on that premise. Section 114, Ill. (e...) of the Evidence Act raises statutory presumption that official acts have been regularly performed.(Para 212...
.... Can the delivery effected in this case be considered as ineffective when there is the presumption available under S. 114(e), Evidence Act, and there is nothing to indicate...contended that the presumption under S. 114, Evidence Act, should have been applied and Ext. A9 upheld by the lower appellate Court. The learned Subordinate Judge was wrong in...the spot without effecting the delivery. But through the influence of the plaintiffs' father, the Amin had filed a false delivery report. The defendants are entitled to protection of Act 1 of 1964. The...
...presumption under the provisions of Section 114, Illustration (e) of the Indian Evidence Act, 1872, to that effect. The High Court noted the judgment of this Court in the case of...since it is to be presumed…. We may further say that in the case under the NDPS Act, it is the duty of the court to raise presumption under Section 114 Ill. (e) of the Evidence Act, if the police officer...under Section 114, Illustration (e) of the Indian Evidence Act, 1872. By reason of Section 114 a court “may presume the existence of any fact which it thinks likely to have happened, regard being had to th...
...]).11. The Indian Evidence Act, 1872 incorporates certain presumptions. ...Act...
...paragraph Nos.12 to 15 of the judgment and recorded the finding that the entry is recorded by the Patwari, it has no evidentiary value under Section 114 (E) Evidence Act 1882 and under Section 117 of M.P...permitted to withdraw vide order dated 19.11.2016 and counter claim was treated as a plaint and further proceedings were continued. Accordingly, respondents/defendants No.4 to 7 adduced evidence and...Revenue Inspector, Punia as PW/3 mentioned as PW/1 and adduced the documentary evidence Exhibit P1-C.
6. Appreciating the evidence, trial Court found proved the issues No...
.... Resultantly, the presumption available under Section 114(e) of the Evidence Act, 1872 stands displaced. The High Court, therefore, was clearly in error in holding that the substance of the notification...presumption under Section 114(e) of the Evidence Act would be applicable to the facts in this case.5. Shri Ravinder Sethi, the learned Senior Counsel appearing for the Delhi...extended to the owner or interested person of the land. Obvious thereto, presumption under Section 114(e) of the Evidence Act has been raised that official acts have been properly done unless proved...
...contention of the
learned Public Prosecutor that regularity of sampling and despatch can be
presumed as the same are official acts within the meaning of sec.114(e) of the
Evidence Act can be of any avail...Track No.II), Thiruvananthapuram, challenges the
conviction entered and the sentence passed against him for an offence
punishable under sec.55(a) of the Abkari Act.
2. The case of...plantation of one Ayyappan
Pillai in Kottackkakam muri of Aryanadu village and that the accused has
thereby committed offences punishable under secs.8, 55(a) & (h) and 58 of the
Abkari Act...
...provisions of the Evidence Act, S. 114, illus. (e) and those of Article 261 of the Constitution of India. He invited the Court to presume the propriety of the act of the Secretar...the permit because it is an official act which may be presumed to be properly done. Section 114(e), Evidence Act, no doubt enables the raising of a presumption “that official..., may not admit of clear and direct proof, that the presumption under Section 114 of the Evidence Act, is sanctioned...
...no duty cast on the patwari to make an entry in the remarks column there arises no question of drawing any presumption under section 114(e), Evidence Act regarding any act of....2. Whether on the evidence brought on record the lower Appellate Court was right in holding that the appellants were in possession of the suit land ever since the date of the alleged oral...Bhopal State Land Revenue Act, 1932 was not obtained. This section provided that permanent transfer of the lands could be effected to a person who was not an agriculturist by profession with...
...Rule 19-A of CPC, Section 27 of the General Clauses Act and Section 114(e) of Evidence Act.10. This question was considered by our High Court in several judgments. In the judgment M.D...address and therefore, a presumption under Sec. 27 of the General Clauses Act and Sec. 114(e) of Evidence Act should have been drawn in favour of the appellant...Sec. 114(e) of Evidence Act cannot be raised”.14. I carefully perused all the above judgments and also the judgment rendered by another learned single Judge Justice B.S...
...114(e) Evidence Act the official acts are presumed to have been done rightly and regularly. S.R Bommai v. Union of India...is that the findings of the Committee in its report are highly perverse and unreasonable. It is pointed out that the Committee or any of its members did not record the evidence of any witness. They...material objectively and its findings are not open to interference by the Court. This is also the stand taken by the respondent No. 2. It is submitted that there can be no reappreciation of evidence by this...
...the Punjab Land Revenue Act and Section 114(e) of the Evidence Act. Section 44 of the Punjab Land Revenue Act deals with the presumption as regards an entry in the record of rights. Herein we are ...section affords no aid. Section 114(e) of the Evidence Act says that court may presume that judicial and official acts have been regularly performed. Herein we are not concerned with the regularity of the...statement is that of the mortgagors or their representatives. As discussed earlier the plaintiffs cannot take the benefit of Section 90 of the Evidence Act or Section 44 of the Punjab Land Revenue Act or Section ...
...queries and questions on other aspects?(iv) Whether and in what circumstances section 114(e) of the Evidence Act can be applied and it can be held that it is a case...Section 143(3), a presumption could be raised that the order was passed after application of mind. Reference was made to clause (e) to Section 114 of the Indian Evidence Act, 1872...be bad and invalid if the said principle is violated. The Supreme Court has not made any observation or comment on the presumption under Section 114(e) of the Indian Evidence Act. It...
...under Ex. P-5, the LAO delivered possession to the appellant. Therefore, as rightly contended by Shri Harish Salve, learned Senior Counsel for the appellant, that the presumption under Section 114(e) of the Evidence ...made on 7-4-1994 in SA No. 1526 of 1988. The facts are not in dispute.3. Notification under Section 4(1) of the Land Acquisition Act, 1894 (1 of 1894) (for short ‘the Act...of the Act. Therefore, the respondents continue to remain to be the lawful owner. Accordingly, they are entitled to injunction against everyone including the appellant Board. In support of his...
...114(e), Evidence Act, the Court stated therein the settled law that party suppressing any crucial evidence is liable to suffer penalty of adverse inference being drawn against him...provisions of Employees' State Insurance Act, 1948, for short, the Act, did not apply inasmuch as power was not used in the manufacturing process and...Court holding the factory not liable to be covered under the Act and the demand of the Corporation made under the Act against the employer in the sum of Rs. 2,030.50 was quashed. Subsequently, the...
...under Article 114 Illustration (e) of the Evidence Act, that the official duty was properly performed, therefore, does not apply. It is the duty of the court to carefully scrutinise the evidence and...investigation. The power of search and seizure is an accepted norm in our criminal law envisaged in Sections 96 to 103 and 165 of the Criminal Procedure Code, 1973 (for short “the Code”). The Evidence Act...facts and circumstances in each case. The court is required to scan the evidence with care and to act upon it when it is proved and the court would hold that the evidence would be relied upon...
...accordance with the prescribed mode and procedure, and there this presumption ends.
26. If the presumption under section 114 (e) Evidence Act was enough....
30. Our answer to the question referred to us is that in view of Illustration
(e) to Section 114 of the Evidence ....
2. Petition has been filed challenging order dated 01.06.1989 passed by the Prescribed Authority under Section 10(2) of U. P. Imposition of Ceiling on Land Holdings Act, 1960 (hereinafter...
...the Food Inspector and it may be presumed under Section 114(e) Evidence Act that the sample seal was duly forwarded by the Food Inspector and that the Public Analyst duly...Section 114 of the Evidence Act could be raised.16. In the Full Bench decision of the Madhya Pradesh High Court it has been...:“…….. In our opinion, the presumption under Section 114 of the Evidence Act and Illustration (e) there under in re...
...words, chaos in public life. In our country, such a provision exists in Section 114(e), Evidence Act contemplating "the Court may presume that judicial and official act has...and Section 114 of Evidence Act, necessity of challenging that as and when occasion arises is recognised though only in the particular manner as may be laid down for determining the "effect...while guaranteeing other variety for common good of the citizens.
8. Provisions of the Act, on a plain reading provides ample evidence of the legislative intent that no "right" to...
...contented that the presumption under S. 114(e), Evidence Act, 1872 would attach to the official acts particularly relating to the issuance of the Notification dated 11.06.1985...Limitations Act 1963 with a prayer for condonation of delay of 127 days. Vide order dated 07.04.2008 the ld. appellate court dismissed the application for condonation of delay while giving concurrent finding...Land Acquisition Act, 1894 and therefore the appeal was held bereft of any merit.5. Relying on the judgement...