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Indian Evidence Act 1872 Section 4

Title: "may Presume"

State: Central

Year: 1872

Whenever it is proved by this Act that Court may presume a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for proof of it. "Shall presume".Whenever it is directed by this Act that the Court shall presume a fact, it shall regard such fact as proved, unless and until it is disproved. "Conclusive proof.When one fact is declared by this Act to be conclusive proof of another, the Court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it.

Indian Evidence Act 1872 Section 114

Title: Court May Presume Existence of Certain Facts

State: Central

Year: 1872

.....to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to the facts of the particular case. Illustrations The Court may presume (a) That a man who is in possession of stolen goods soon after the theft is either the theft or has received the goods knowing them to be stolen, unless he can account for his possession; (b) That an accomplice is unworthy of credit, unless he is corroborated in material particulars; (c) That a bill of exchange, accepted or endorsed, was accepted or endorsed for good consideration; (d) That a thing or stale of things which has been shown to be in existence within a period shorter than that within which such things or slate of things usually cease to exist, is still in existence; (e) That judicial and official acts have been regularly performed. (f) That the common course of business has been followed in particular cases; (g) That evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it; (h) That if a man refuses to answer a question which he is not compelled to answer by law, the answer, if given.....

Standards of Weights and Measures Act, 1976 Section 42

Title: Weight or Measure of the First Category to Be Presumed to Be Correct Throughout the Territory of India

State: Central

Year: 1976

.....first category has lost its accuracy in transit or has, for any other reason, ceased to conform to the standards of weight or measure established by or under this Act, he may, for reasons to be recorded by him in writing, and communicated to the Controller of the transferor State, through the Controller of the transferee State (a) verify such weight or measure; and (b) if, on verification, such weight or measure is found to be inaccurate (i) cause such adjustment as is necessary to be made so as to make it conform to the standards established by or under this Act, or (ii) where he is of opinion that such adjustment is not possible, reject it and obliterate the stamp thereon: Provided further that where any verification, adjustment or obliteration is made in exercise of the powers conferred by the foregoing proviso, no fee shall be charged for such verification, adjustment or obliteration. (2) In computing the time when the re-verification of a weight or measure of the first category shall become due in the transferee State, the period during which such weight or measure remains unsold or undistributed in the transferee State, shall be excluded.

Indian Succession Act, 1925 Section 188

Title: Circumstances in Which Knowledge or Waiver is Presumed or Inferred

State: Central

Year: 1925

(1) Such knowledge or waiver of inquiry shall, in the absence of evidence to the contrary, be presumed if the legatee has enjoyed for two years the benefits provided for him by the Will without doing any act to express dissent. (2) Such knowledge or waiver of inquiry may be inferred from any act of the legatee which renders it impossible to place the persons interested in the subject-matter of the bequest in the same condition as if such act had not been done. Illustration A bequeaths to B an estate to which C is entitled, and to C a coal mine. C takes possession of the mine and exhausts it. He has thereby confirmed the bequest of the estate to B.

Karnataka Pawnbrokers Act, 1961 Section 8

Title: Person Producing Pawn--ticket Presumed to Be Entitled to Redeem the Pledge

State: Karnataka

Year: 1961

(1) The holder for the time being of a pawn--ticket shall be presumed to be the person entitled to redeem the pledge, and subject to the provisions of this Act, every pawnbroker shall on payment of the principal and interest, deliver the pledge to the person producing the pawn--ticket, and he is hereby indemnified for so doing. (2) Except as otherwise expressly provided in this Act, a pawnbroker shall not be bound to deliver back a pledge unless the pawn--ticket for it is delivered to him.

Indian Evidence Act, 1872 Complete Act

State: Central

Year: 1872

.....appears from the context- "Court"- includes all Judges and Magistrates, and all persons, except arbitrators, legally authorized to take evidence. "Fact" " "Fact" means and includes- (1) any thing, state of things, or relation of things, capable of being perceived by the sense; (2) any mental condition of which any person is conscious. Illustrations (a) That there are certain objects arranged in a certain order in a certain place, is a fact. (b) That a man heard or saw something is a fact. (c) That a man said certain words is a fact. (d) That a man holds a certain opinion, has a certain intention, acts in goods faith or fraudulently, or uses a particular word in a particular sense, or is or was at a specified time conscious of a particulars sensation, is a fact. (e) That a man has a certain reputation is a fact. "Relevant" " One fact is said to be relevant to another when the one is connected with the other in any of the ways referred to in the provisions of this Act relating to the relevancy of facts. "Facts in issue" " The expression "facts in issue" means and includes " any fact from which, either by itself or in connection with other facts, the existence, non-existence,.....

Indian Evidence Act 1872 Part 2

Title: On Proof

State: Central

Year: 1872

Chapter 3 - FACTS WHICH NEED NOT BE PROVED Section 56 - Fact judicially noticeable need not be proved No fact of which the Court will take judicial notice need to be proved. Section 57 - Facts of which Court must take judicial notice The Court shall take judicial notice of the following facts:- 1 [(1) All laws in force in the territory of India;] (2) All public Acts passed or hereafter to be passed by Parliament 1 [of the United Kingdom] and all local and personal Acts directed by Parliament 2 [of the United Kingdom] to be judicially noticed; (3) Articles of War for 3 [the Indian] Army 4 [Navy or Air Force]; 5 [(4) The course of proceeding of Parliament of the United Kingdom, of the Constituent Assembly of India, of Parliament and of the legislatures established under any law for the time being in force in a Province or in the States;] (5) The accession and the sign manual of the Sovereign for the time being of the United Kingdom of Great Britain and Ireland; (6) All seals of which English Courts take judicial notice : the seals of all the 6 [Courts in 7 [India] and all Courts out of 5 [India] established by the authority of 8 [the Central Government or the.....

Indian Evidence Act 1872 Chapter 5

Title: Of Documentary Evidence

State: Central

Year: 1872

.....given in evidence2; (g) when the original consists of numerous accounts or other documents which cannot conveniently be examined in Court and the fact to be proved is the general result of the whole collection. In cases (a), (c) and (d), any secondary evidence of the contents of the document is admissible. In case (b), the written admission is admissible. In case (e) or (f), a certified copy of the document, but no other kind of secondary evidence, is admissible. In case (g), evidence may be given as to the general result of the documents by any person who has examined them, and who is skilled in the examination of such documents. ________________________ 1. Substituted by Act 3 of 1951, section 3 and Schedule, for "the States". 2. Cf. the Bankers' Books Evidence Act, 1891 (18 of 1891), section 4. Section 65A - Special provisions as to evidence relating to electronic record 1 [65A. Special provisions as to evidence relating to electronic record The contents of electronic records may be proved in accordance with the provisions of section 65B (w.e.f. 17-10-2000). ________________________ 1. Inserted by Act 21 of 2000, section 92 and.....

The Orissa Tenancy Act, 1913 Complete Act

State: Orissa

Year: 1913

.....the landlord has not given his consent, to the transfer. (2) The holding or a portion or a share thereof shall not be liable to be sold in satisfaction of the decree for arrears of rent without making the said transferee a party to the proceedings in execution of the decree; provided that the transferee has given notice of transfer by registered post to the landlord. Explanation - Notwithstanding anything contained in this Act or in the Code of Civil Procedure, in the case of a transfer of a holding or a portion or a share thereof, whether before or after the decree may be brought on record in the proceedings in execution either in substitution of or in addition to the judgment-debtor, and such transferee shall, when so added or substituted, be treated as a judgment-debtor for all purposes of the said proceedings in execution of the decree. Section 32 - Presumption as to fair and equitable rent The rent for the time being payable by an occupancy raiyat shall be presumed to be fair and equitable until the contrary is proved. Section 33 - Restriction on enhancement of money rents Where an occupancy raiyat pays his rent in money, his rent shall not be enhanced, except.....

The Madras Estates Land Act, 1908 Complete Act

State: Kerala

Year: 1908

.....of abatement the deduction from the rent shall be proportionate to the diminution in the total yearly produce of the holding or in default of satisfactory proof thereof, the deduction shall be proportionate to the diminution in the area of the holding. (6) An addition to or abatement of rent under this section shall not be deemed an enhancement or reduction of rent within the meaning of this Act. Section 45 - xxx (Omitted by Act 8/1934.) [Omitted Section 46 - xxx (Omitted by Act 8/1934.) [Omitted Section 47 - XXX (Omitted by Act 8/1934.) [Omitted Section 48 - xxx (Omitted by Act 8/1934.) [Omitted Section 49 - xxx (Omitted by Act 8/1934.) [Omitted Chapter IV - PATTAS AND MUCHILIKAS (Omitted by Act 8/1934.) [Omitted Section 50 - Application of chapter IV to all ryots (1) The provisions of this chapter shall apply to all ryots. (2) Right of ryot and land holder to obtained patta and muchilika.- Every ryot shall be entitled to call upon his landholder to grant him a patta for any current revenue year and every landholder shall be entitled to call upon his ryot to give him a muchilika for any current revenue year in exchange for a patta. (3) The.....