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Home Bare Acts Phrase: presumptionIndian Evidence Act 1872 Section 88A
Title: Presumption as to Electronic Messages
State: Central
Year: 1872
1 [88A. Presumption as to electronic messages The Court may presume that an electronic message, forwarded by the originator through an electronic mail server to the addressee to whom the message purports to be addressed corresponds with the message as fed into his computer for transmission; but the Court shall not make any presumption as to the person by whom such message was sent. Explanation.-For the purposes of this section, the expressions "addressee" and "originator" shall have the same meanings respectively assigned to them in clauses (b) and (za) of sub-section (1) of section 2 of the Information Technology Act, 2000.] ________________________ 1. Inserted by Act 21 of 2000, section 92 and Schedule II (w.e.f. 17-10-2000).
View Complete Act List Judgments citing this sectionNarcotic Drugs and Psychotropic Substances Act, 1985 Section 54
Title: Presumption from Possession of Illicit Articles
State: Central
Year: 1985
1[54. Presumption from possession of illicit articles In trials under this Act, it may be presumed, unless and until the contrary is proved, that the accused has committed an offence under this Act in respect of-- (a) any narcotic drug or psychotropic substance or controlled substance; (b) any opium poppy, cannabis plant or coca plant growing on any land which he has cultivated; (c) any apparatus specially designed or any group of utensils specially adopted for the manufacture of any narcotic drug or psychotropic substance or controlled substance; or (d) any materials which have undergone any process towards the manufacture of a narcotic drug or psychotropic substance or controlled substance, or any residue left of the materials from which any narcotic drug or psychotropic substance or controlled substance has been manufactured, for the possession of which he fails to account satisfactorily.] ______________________ 1. Substituted by Act 9 of 2001, section 25 for section 54 (w.e.f. 2-10-2001).
View Complete Act List Judgments citing this sectionNegotiable Instruments Act, 1881 Section 118
Title: Presumptions as to Negotiable Instruments
State: Central
Year: 1881
.....bearing a date was made or drawn on such date; (c) as to time of acceptance--that every accepted bill of exchange was accepted within a reasonable time after its date and before its maturity; (d) as to time of transfer--that every transfer of a negotiable instrument was made before its maturity; (e) as to order of indorsements--that the indorsements appearing upon a negotiable instrument were made in the order in which they appear thereon; (f) as to stamps--that a lost promissory note, bill of exchange or cheque was duly stamped; (g) that holder is a holder in due course--that the holder of a negotiable instrument is a holder in due course: provided that, where the instrument has been obtained from its lawful owner, or from any person in lawful custody thereof, by means of an offence or fraud, or has been obtained from the maker or acceptor thereof by means of an offence or fraud, or for unlawful consideration, the burden of proving that the holder is a holder in due course lies upon him.
View Complete Act List Judgments citing this sectionNegotiable Instruments Act, 1881 Section 139
Title: Presumption in Favour of Holder
State: Central
Year: 1881
1[ 139 . Presumption in favour of holder It sh all be presumed, unless the contrary is proved, that the holder of a cheque received the cheque of the nature referred to in section 138 for the discharge, in whole or in part, of any debt or other liability.] ___________________ 1. Inserted by Act 66 of 1988, sec. 4 (w .e.f. 1- 4- 1989).
View Complete Act List Judgments citing this sectionWealth-tax Act, 1957 Section 35O
Title: Presumption as to Culpable Mental State
State: Central
Year: 1957
1[35O. Presumption as to culpable mental state (1) In any prosecution for any offence under this Act which requires a culpable menial state on the part of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused, to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. Explanation. -In this sub-section, "culpable mental state" includes intention, motive or knowledge of a fact, or belief in, or reason to believe, a fact. (2) For the purposes of this section, a fact is said to be proved only when the court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.] ________________________ 1. Inserted by Act 46 of 1986, section 39 w.e.f. 10-9-1986.
View Complete Act List Judgments citing this sectionWealth-tax Act, 1957 Section 42D
Title: Presumption as to Assets, Books of Account, Etc.
State: Central
Year: 1957
.....whom it purports to have been so executed or attested.] 3[(2) Where any books of account, other documents or assets have been delivered to the requisitioning officer in accordance with the provisions of section 37B, then, the provisions of subsection (1) shall apply as if such books of account, other documents or assets which had been taken into custody from the person referred to in clause (a) or clause (b) or clause (c), as the case may be, of sub-section (1) of section 37B, had been found in the possession or control of that person in the course of a search under section 37A.] ____________________________________ 1. Inserted by the Finance Act, 2007, w.e.f. 01.10.1975. 2. Renumbered by the Finance Act, 2008 w.e.f. 1st day October, 1975. 3. Inserted by the Finance Act, 2008 w.e.f. 1st day October, 1975.
View Complete Act List Judgments citing this sectionForward Contracts (Regulation) Act, 1952 Section 22B
Title: Presumptions to Be Drawn in Certain Cases
State: Central
Year: 1952
1[22B. Presumptions to be drawn in certain cases (1) Where any books of account or other documents are seized from any place and there are entries therein making reference to quantity, quotations, rates, months of delivery, receipt or payment of differences or sale or purchase of goods or option in goods, such books of account or other documents shall be admitted in evidence without witnesses having to appear to prove the same and such entries shall be prima facie evidence of the matters, transactions and accounts purported to be therein recorded. (2) In any trial for an offence punishable under Section 21, it shall be presumed, until the contrary is proved, that the place in which the books of accounts or other documents referred to in sub-section (1) were seized, was used, and that the persons found therein were present, for the purpose of committing the said offence.] _____________________ 1. Sections 22-A, 22B, inserted, by Act 62 of 1960, Section 20 (28-12-1960).
View Complete Act List Judgments citing this sectionCode of Civil Procedure, 1908 Section 14
Title: Presumption as to Foreign Judgments
State: Central
Year: 1908
The Court shall presume, upon the production of any document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by a Court of competent jurisdiction, unless the contrary appears on the record; but such presumption may be displaced by proving want of jurisdiction.
View Complete Act List Judgments citing this sectionSuppression of Unlawful Acts Against Safety of Civil Aviation Act, 1982 Section 9A
Title: Presumptions as to Offences Under Sections 3, 3a and 4
State: Central
Year: 1982
1 [9A. Presumptions as to offences under sections 3, 3A and 4 In a prosecution for an offence under sections 3, 3A and 4, if it is proved- (a) that the arms, ammunition or explosives were recovered from the possession of the accused and there is reason to believe that such arms, ammunition or explosives of similar nature were used in the commission of such offence; or (b) that there is evidence of violence committed by the accused against any person in connection with the commission of such offence, the Designated Court shall presume, unless the contrary is proved, that the accused had committed such offence.] ________________________ 1. Inserted by Suppression of Unlawful Acts against Safety of Civil Aviation (Amdt.) Act (40 of 1994), S. 6 (1-10-96).
View Complete Act List Judgments citing this sectionGift-tax Act, 1958 [Cease to Have Effect on or After the 01.10.1998] Section 35D
Title: Presumption as to Culpable Mental State
State: Central
Year: 1958
1[35D. Presumption as to culpable mental state (1) In any prosecution for any offence under this Act which requires a culpable mental state on the part of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. Explanation.-In this sub-section, "culpable mental state" includes intention, motive or knowledge of a fact, or belief in, or reason to believe, a fact. (2) For the purposes of this section, a fact is said to be proved only when the court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.] _________________________ 1. Inserted by Act 46 of 1986, section 41 w.e.f. 10-9-1986.
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