Title : Presumption as to Collections of Laws and Reports of Decisions
State : Central
Year : 1872
The Court shall presume the genuineness of every book purporting to be printed or published under the authority of the Government of any country, and to contain any of the laws of that country, and of every book purporting to contain reports of decisions of the Courts of such country. View Complete Act List Judgments citing this sectionTitle : Presumption as to Books, Maps and Charts
State : Central
Year : 1872
The Court may presume that any book to which it may refer for information on matters of public or general interest, and that any published map or chart, the statements of which are relevant facts and which is produced for its inspection, was written and published by the person and at the time and place, by whom or at which it purports to have been written or published. View Complete Act List Judgments citing this sectionTitle : Presumption as to Telegraphic Messages
State : Central
Year : 1872
The Court may presume that a message, forwarded from a telegraph office to the person to whom such message purports to be addressed, corresponds with a message delivered for transmission at the office from which the message purports to be sent; but the Court shall not make any presumption as to the person by whom such message was delivered for transmission. View Complete Act List Judgments citing this sectionTitle : Presumption as to Due Execution, Etc. of Documents Not Produced
State : Central
Year : 1872
The Court shall presume that every document, called for and not produced after notice to produce, was attested, stamped and executed in the manner required by law. View Complete Act List Judgments citing this sectionTitle : Burden of Proof
State : Central
Year : 1872
Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person. Illustrations (a) A desires a Court to give judgment that B shall be punished for a crime which A says B has committed. A must prove that B has committed the crime. (b) A desires a Court to give judgment that he is entitled to certain land in the possession of B, by reason of facts which he asserts, and which B denies, to be true. A must prove the existence of those facts. View Complete Act List Judgments citing this sectionTitle : Burden of Proving Death of Person Known to Have Been Alive Within Thirty Years
State : Central
Year : 1872
When the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead is on the person who affirms it. View Complete Act List Judgments citing this sectionTitle : Burden of Proof as to Ownership
State : Central
Year : 1872
When the question is whether any person is owner of anything of which he is shown to be in possession, the burden of proving that he is not the owner is on the person who affirms that he is not the owner. View Complete Act List Judgments citing this sectionTitle : Proof of Good Faith in Transactions Where One Party is in Relation of Active Confidence
State : Central
Year : 1872
Where there is a question as to the good faith of a transaction between parties, one of whom stands to the other in a position of active confidence, the burden of proving the good faith of the transaction is on the party who is in a position of active confidence. Illustrations (a) The good faith of a sale by a client to an attorney is in question in a suit brought by the client. The burden of proving the good faith of the transaction is on the attorney. (b) The good faith of a sale by a son just come of age to a father is in question in a suit brought by the son. The burden of proving the good faith of the transaction is on the father. View Complete Act List Judgments citing this sectionTitle : Birth During Marriage, Conclusive Proof of Legitimacy
State : Central
Year : 1872
The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten. View Complete Act List Judgments citing this sectionTitle : Presumption as to Absence of Consent in Certain Prosecutions for Rape
State : Central
Year : 1872
1 [114A. Presumption as to absence of consent in certain prosecutions for rape In a prosecution for, rape under clause (a) or clause (b) or clause (c) or clause (d) or clause (e) or clause (g) of sub-section (2) of section 376 of the Indian Penal Code, (45 of 1860), where sexual intercourse by the accused is proved and the question is whether it was without the consent of the woman alleged to have been raped and she states in her evidence before the Court that she did not consent, the Court shall presume that she did not consent.] _______________________ 1. Inserted by Act 43 of 1983, section 6. View Complete Act List Judgments citing this section