CiteTEXT
...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 th...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 ...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 ...
...attesting witness as required by law and if, on entering into the witness box as required by Section 68 of the Evidence Act, he proves by his testimony the execution of document by deposing to having witne.... A presumption by reference to Section 114 [Illustration (e)] of the Evidence Act shall arise to the effect that the events contained in the endorsement of registration, were re...manner required by Section 68 of the Evidence Act?Question 19. “Will” and “codicil” are defined respectively in clauses (h) and (b...
...the endorsement of admission of execution by the executant of the document under Section 50(1)(a) have occurred as therein mentioned, aided as it is by the presumption in Section ...1950 Nagpur 6)—as authority for the proposition that, in cases where Section 68 of the Evidence Act has no application, t...hat facts have to be proved, and, unlike Section 68, does not prescribe any particular mode of proof. The facts required to be proved under Section 67 can be proved by any kind of evidence, and there is no...
...those circumstances, it is impossible to hold that the entry is admissible under section 35 of the evidence act. The view of the lower appellate court that the presumption under section ...(1) I cannot agree with the lower courts that exhibit a - 1 is admissible in evidence. Under the second proviso to section 8 of the madras registration of births and deaths act...to this proviso cannot be held to fall under section 35 of the indian evidence act which speaks of an entry in any public or other official register made by a public servant in the discharge of hi...
...question before us is whether there is, in view of illustration (e) under Section 114 of the Evidence ...Section 114 of the Evidence Act and Illustration (e) thereunder to the acts of the Food Inspect...decision of the High Court on the above point."
8. The principle embodied in illustration (e) under Section ...
...in cases in which Section 106 Evidence Act was applicable as it was to the cases before us. We do not think that we can lay down such a broad general proposition. An order or notification, containing a recital, technically ...the Evidence Act. The well-known maxim of law on which the presumption found in illustration (e) to Section 114 of...raise either a presumption of law or of fact. Section 114 of the Evidence Act covers a wide range of presumptions of fact which can be used by courts in the course ...
...Illustration (e) of Section 114 of the Evidence Act, and has also accepted the ...Illustration (e) of Section 114 of the Evidence Act. Both the Courts below have accepted the ...refused to receive the notice. Therefore, the presumption of ‘due service’ as per Illustration (e) of Section 114 ...
...authority. When possession has been shown to have been taken over not only in terms of sub-section (1) of Section 17 of the Act but also by grant of the certificate and other documents, ...notification was issued in terms of Section 4 of the Land Acquisition Act, 1894 (for short “the Act”) notifying the intention of the State to acquire 105 bighas 2 biswas and 16 biswanis (equivalen...Section 6 of the Act was issued on 26-9-1984. As the provisions of sub-section (4) of Section 17 of the Act were applied, notices were issued on 27-10-1984 under ...
...Section 114(e) of the Indian Evidence Act. It is further contended that in view of Section 114 illustration (...has to start with presumption that judicial and official acts have been regularly performed. Illustration (e) permits presumption to be drawn in the matter of procedure that judicial and official acts...presumptive value of their genuineness. As against this documentary evidence in the facts and circumstances, there was no evidence contrary of any registered sale deed that defendant had purchased 2...
...no direct evidence of affixture of the order on the suit lands, a presumption could be drawn in favour of the plaintiff under ...important to bear in mind, the distinction between two things. It is true that illustration (e) to Section 114 of the ...Section 114 of the Evidence Act, the Court may presume the existence of any fact which it thinks likely to have h...
...illustration (e) of section 114 of the Evidence Act. The rule embodied in this ...section 111, Criminal Procedure Code and pending enquiry directed him to furnish interim bond of Rs. 10,000/- with surety in like amount. Since the i...under section 116, Criminal Procedure Code the detention of husband of the petitioner could not be said to be unlawful...
...drawing a presumption under Section 114, Illustration (e) of the Indian Evidence Act, 1872…. Very relevant in this behalf is the testimony of the officer conducting the search th...under the Act and tried. The evidence of the prosecution was accepted. The trial Judge convicted the accused of the offence punishable under Section 18 of the said Act and he was sentence...searched under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “the Act”) has a right to be given an option of being searched either by a Gazetted...
...opinion is clearly perverse in view of Section 114 Illustration (e) of the Evidence Act, 1872, which provides that there shall be a presumption that all official acts have been r...having not presented himself for cross-examination, an adverse presumption has to be drawn against him on the basis of the principles contained in Illustration (g) of Section 114 of the ...will be appropriate to refer to Section 90 of the Evidence Act, 1872 which is set out hereunder:‘90. Presumption as to documents thirty years old.—Where...
...presumption which is mentioned in section 114 of the evidence act. Illustration (e) of sec. ...authority to perform the act and the performance of the act is proved it may be presumed that there was nothing irregular in the manner of performance. sec. 114 and illustration (e) ...court may presume that judicial and official acts have been regularly performed. Sec. 114 of the evidence act deals with presumptions of fact which need not necessarily be always drawn. Moreover it...
...(e) of section 114 of the Evidence Act is also, in my opinion, of great assistance to the plain...judgment, the reference is to illustration (f) of section 114 of the Evidence Act and not to ...(f) of section 114 of the Evidence Act, namely, that “the court may presume that the common course of bu...
...circumstances, it is sub mitted by the learned counsel for the respondent that the provisions of section 13(5) of the Act and section 114 Illustration (e) of the ...(not being a certificate with respect to the analysis of the part of sample of any article of food referred to in the proviso to sub-section (1-A) of Section 16...section 114 of the Evidence Act to the report of the Public Analyst:“The presumption under ...
...are bound to prove every step of the case against the prisoner before such a deposition can be admitted it must appear on the Magistrate's record, or must be proved by the evidence of witnesses, to have been taken and attes...: "Section 80 of the Evidence Act, under which the Court is bound, subject to certain conditions, to presume that evidence...evidence at a further inquiry without satisfying the further condition of attestation in the presence of the accused, and there is no provision in the Evidence Act (apart from ...
...certificate issued by a statutory authority. A presumption of validity and regularity attaches with such certificate. Under Section 114 Illustration (e) of the Evidence Act, 1872...conclusive evidence of the person being an elector for that constituency “unless it is proved that he is subject to a disqualification mentioned in Section 16 of the Representation of the People ...such none was maintainable under Section 86 of the Representation of the People Act, 1951. By a common order, all the three petitions were directed to be dismissed with costs. Prem Lal Patel, the...
...Illustration (e) to Section 114 of the Evidence Act, to draw a legal presumption “that judicial and offi...Illustration (e) to Section 114 of the Evidence Act, is that judicial and official acts have been regula....”14. I feel that the same is the law in India as enacted in Illustration (e) to Section 114 of the ...
...Section 114 Illustration (e) of the Evidence Act arising out of the registration of the document.3. Registration of a ...proof of execution is necessary under Section 68 of the Evidence Act only when execution is denied. In this case, executi...of the Contract Act or Section 111 of the Evidence Act were not relied on by the respondent or the courts below, but the decisions seen to be presumably under those sections. Voluntary...