...Section 107, Evidence Act which runs as follows:—“When the question is whether a man is alive or dead, and it is sho.... I do not think such proof can be through the presumption under Section 107 of Evidence Act. For the purpose of...Section 107 Evidence Act did not apply to the case was the presence of Section 7 Indian Divorce ...

...marriage it was urged that the first wife was alive with in thirty years and that under section 107, evidence act, it was for the respondent to show that she was not heard of for a period of seven...relief. Now, there is no presumption in english law similar to that embodied in section 107 of the evidence act and, therefore, under the english law it has to be proved strictly that on the date of the...view of these considerations, the division bench of the madras high court came to the conclusion that there was no scope for the application of section 107 of the evidence act and that the matter had to...

...Section 107, Evidence Act, one particular step in establishing both the plaintiff's title to the jewels as also the unlawful charac...seems that there was some discussion before the first appellate court on the applicability of Section 4 of the Madhya Bharat Indian Limitation (Adaptation) Act, 1949. In my...Section 160 of the Contract Act it is the duty of the bailee to return or deliver according to the bailor's direction the goods bailed, without deman...

...in any event. If we apply the presumption that arises under Section 107 of the Evidence Act that no doubt does not...connection. It was urged that the rule under Section 107 of the Evidence Act does not apply to this case as it is a...12 years' rule and not the 7 years' rule under Section 107 of the Evidence Act. Janmojay Muzumdar v. Keshab Lal Ghose 2 Beng L.R. 134, Guru Das Nag v...

...Section 107 of the Evidence Act, which says that when the question is whether a person is alive or dead, and it is shown that the p...appellant says that the Court is not entitled to have regard to Section 107 of the Evidence Act, because of the provisions of S...Section 107 of the Evidence Act, and therefore under English law the respondent would undoubtedly have to prove that the appellant'...

...recourse to the presumption under Section 107 of the Evidence Act that the courts have to Act on the basis that the...Section 107 of the Evidence Act, one particular step in establishing both the plaintiff's title to the jewels as also the unlawful ...exactly plaintiff's son died. There is no presumption in law as to the time of death.3. Art. 49 of the Limitation Act is the article on which both sides rely as...

...Section 107 IPC or the presumption available under Section 113-A of the Evidence Act, were duly satisfied. Dr. Pandey submitted that in the instant case, there is no evidence on record to indicate...respective parties, and, particularly, those advanced by Dr. Pandey, the differences between the provisions of Sections 498-A and 306 IPC, in the light of Section 107 IPC and Section 113-A of the Evidence ...107 IPC and Section 113-A of the Evidence Act were not attracted to the facts of the case.20. In order to appreciate the legal conundrum which has been presented by the...

...view, in view of the assertion made by the petitioner, being a close relative, the presumption under Section 107 of the Evidence Act would enure to the benefit of the petitioners...and the burden is on the person who otherwise assert contrary. In such circumstance, an affidavit sworn by a nearest relative would be sufficient to act upon. Further, it is to be noted W.P.(C) No...

...is missing, that can be relied upon. Therefore, in view of the provisions of Section 107 of the Evidence Act, transfer...

...material evidence led by the parties as well as statements given by the plaintiff and P.W. No. 2/Mangla Devi had come to the conclusion that in view of section 107 of the Indian Evidence ...death of her father/Hari Ram as per the provisions of section 107 of Indian Evidence Act, 1872.4. Accordingly, taking into consideration that the trial court...into considering the provisions of section 107 of Indian Evidence Act, 1872 confirmed the findings given by the trial court that plaintiff-appellant has failed to discharge...

...purporting to be a lease and required to be registered under Section 107 of the Transfer of Property Act is not admissible in evidence if it is not registered. Proviso to Section 49, however..., provides that although a lease deed falling under the provision of Section 107 of the Transfer of Property Act will not be admissible in evidence if the same is not registered but that deed may be used as...agreement (Ext. 4) creating tenancy from month to month in respect of the suit premises was not compulsorily registrable under Section 107 of the Transfer of Property Act. He also contended that the...

.... Appellant's learned Counsel has contended that under Section 107, Evidence Act, the burden of proving that Mahendra Pratap...justice and by Act No. 24 of 1928 the entire estate of Mahendra Pratap Singh was forfeited unto His Majesty. By the same Act, Section 3, the Governor. General in Council was required to grant, as soon as...pleadings or in the evidence to show what her occupation was. The learned Judge below, however, states in his judgment that she was an "artist." It is possible that this observation of the learned Judge...

...alive in 1960 when she obtained a decree for judicial separation against him. No evidence has been led about his actual death. Under Section 107 of the Indian Evidence Act, Sardu...actual death Section 107 of the Indian Evidence Act reads:—“107. Burden of proving death of person known to have been alive within thirty years. When the...presumption under Section 108 of the Indian Evidence Act that can be raised is that the young man was dead at the time when the question arose (date of plaint).16. The learned coun...

...argued that even if the allegations are treated to be correct, no offence can be said to have made out under Section 306 I.P.C. as the ingredients of abetment as defined under Section 107 of the Evidence .... 5. Considering the fact that the co accused Salman Ali, on the similar allegation, has been enlarged on bail by this court; the ingredients of Section 107 of the Evidence Act are..., through an application moved under Section 156(3) Cr.P.C. with the allegation that on account of illicit relations, the deceased Sartaj was killed by way of hanging. Subsequently, the applicant was...

...the extent and scope of Section 108 of the Evidence Act, to the instant case.4. Section 107 of the Indian Evidence Act deals with presumption of continuation of.... Since Govindaswamy was not heard of for more than 7 years by Kasambu Ammal and others who would have naturally heard of him if he had been alive, under Section 108 of the Evidence Act, he should be...effect to the presumption flowing from Section 108 of the Indian Evidence Act and in decreeing the plaintiffs' claim to the suit property and to the amount of deposit in the rent control proceedings...

...showing that there was a dowry demand, nor would the reasoning adopted by the courts below would be sufficient enough to draw a presumption so as to fall under Section 113-A of the Evidence Act....suicide.29. In the instant case, of course, the wife died few months after the marriage and the presumption under Section 113-A of the Evidence Act could be raised.... Section 113-A of the Evidence Act reads as follows:“113-A. Presumption as to abetment of suicide by a married woman.—When the question is whether the commission of...

...or proceeding lies on that person who would fail if no evidence at all be given by either side. In view of section 102 of Evidence Act, 1872, it cannot be said that burden of proof was upon the opposite party. Coun...petitioner, relying upon Section 115 of Evidence Act, 1872, submitted that once the scheme of subsidy was announced and the petitioner has acted upon it and has 1...even after exhausting the Government grant and there will be no estoppel. So far as the burden of proof is concerned, Section 102 of Evidence Act, 1872 clearly provides that burden of proof in a suit...

...is urged before us that as the kabulayat was not registered and consequently never came into operation under section 107 of the Transfer of Property .... Section 92 of the Evidence Act, on which reliance is placed, is of no assistance to the appellant. It has been repeatedly laid down in thi...agreement, such rent will be the measure of damages, though the lease be void by the Statute of Frauds. In our opinion, oral evidence was admissible to prove the rent which was agreed upon by the parties...

...affirms it.13. What is provided in Section 108 of the Indian Evidence Act, 1872, is only a presumption. Section 108 of the Indian Evidence ...the Indian Evidence Act, 1872. Under Section 107 of the Indian Evidence Act, 1872, whenever a question arises as to whether a man is alive or dead and it shown that he was alive within th...provide compassionate appointment to the respondent's son.12. While there can be no dispute about the presumption available under Section 108 of the Indian Evidence Act...

Can't display summary as content is Scanned, Please open the judgment to see full content.