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Central Government Act Section 114 in The Indian Evidence Act, 1872
114. Court may presume existence of certain facts
Central Government Act
been prescribed by the
Negotiable Instruments Act only. Section 114, Evidence Act,
Illustration (c) enacts:
"A Court may presume ... doubted that presumption under Section 114 will apply to
insolvency proceedings. Even under Section 114, Evidence Act if the
Court
Allahabad High Court
under Section 114, Evidence Act and a
presumption shall arise under Section 27, General Clauses Act if the
notice ... act on
the presumption that may or may not be raised under Section 114 of the
Evidence Act. Mr. Mukherjee
Calcutta High Court
marked difference in language between that section and
Section 114, Evidence Act, and illustration (c) thereto. Whatever
comment ... virtue of Section 118, Negotiable Instruments Act or even under Section
114, Evidence Act, but only from the recitals
Madras High Court
view of the special provisions contained in Section
12 of the Rent Act, the addressee-tenant who has refused ... Bombay General Clauses Act, 1904 and under Section
114 of the Indian Evidence Act. Before we refer to the aforesaid
Gujarat High Court
into consideration the presumption arising
under Section 114 of the Indian Evidence Act. Section 114 of the
Evidence Act says
Orissa High Court
omission allowed the presumption to be raised under section
114 of the Evidence Act that the cheques had been negotiated ... Disctrict Judge had acted contrary to law in drawing the presumptions
under section 114 of the Indian Evidence
Delhi High Court
notice under Section 106 of the Transfer of
Property Act, 1882. Section 106 was amended by Act ... between
the presumption that may arise under Section 114 of the
Evidence Act and the one arise under Section
Delhi High Court
charge.
15. Section 114 of the Evidence Act reads as under:
SECTION 114--Court may presume existence of certain facts ... Section 114 of the
Evidence Act. Therefore, the inference which the Court draws under
Section 114 of the Evidence
Rajasthan High Court
rider is mentioned thus :
"the presumption under section 114 is, however, only an optional
presumption. The Court is not bound ... Illustration (e) to Section 114, Indian Evidence Act, permits a
presumption to be drawn in matters of procedure. That provision
Kerala High Court
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