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been prescribed by the
Negotiable Instruments Act only. Section 114, Evidence Act,
Illustration (c) enacts:
"A Court may presume ... endorsed for good consideration."
The only difference between Section 114, Evidence Act and Section 118,
Negotiable Instruments Act is that
Allahabad High Court
marked difference in language between that section and
Section 114, Evidence Act, and illustration (c) thereto. Whatever
comment ... noticed in passing that in illustration (c) to Section 114, Evidence
Act, the presumption is only stated to be that
Madras High Court
mode, Mr. Mitter has relied on presumption under Section 114, Evidence
Act, that the letter (containing a copy of notice ... criticism of that finding based on presumption
under Section 114, Evidence Act is two-fold. First he says that
presumption
Calcutta High Court
they had dealt with stolen properties. Therefore under
Section 114, Evidence Act (illust. a) the onus of proof that they ... consider
whether he was right.
Illustration (a) of Section 114, Evidence Act, runs as follows:
The Court may presume
Calcutta High Court
defendant relied on Illustration (e) to Section 114,
Evidence Act, to draw a legal presumption "that judicial and official
acts ... cause.
The presumption under Illustration (e) to Section 114, Evidence Act, is
that judicial and official acts have been regularly
Kerala High Court
proved is enough to raise a presumption under Section 114.
Evidence Act; that the gold had been illegally imported into ... proved is enough to raise a
presumption under Section 114. Evidence Act that the gold had been
illegally imported into
Karnataka High Court
General Clauses Act, 1892 and Section 114(f) of the India
Evidence Act, 1872, and, therefore, the denial of notice ... between
the presumption that may arise under Section 114 of the
Evidence Act and the one arise under Section
Delhi High Court
view of the illustration
(a), given in Section 114 of the Indian Evidence Act, that he was a
thief ... possession is not explanation and the presumption under Section 114,
Evidence Act, can be drawn against him."
I am also
Gujarat High Court
possession of the said articles. Section 114, Evidence Act,
and in particular illustration (a) to that section warrants under ... prosecution press into service the
provisions of Section 114, Evidence Act, to support their contention
that both the appellants must
Karnataka High Court
consistent and that the
presumption arising under Section 114, Evidence Act must be drawn
against the applicant, more so because ... therefore illegal. Secondly: that no presumption under Section
114, Evidence Act could be drawn against the applicant; and the
applicant
Allahabad High Court
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