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real test whether a rule of irrebuttable presumption was
one of evidence was inherent relevancy, If the fact from ... history. Ever
since the passing of the Evidence Act a conclusive
presumption has been a part
Supreme Court of India
think the insolvency Courts can, on lesser
evidence, regard the presumption as displaced.
The Insolvency Courts stand on a little ... been given the insolvency Court will
weigh the presumption plus further evidence on one side and the
evidence against
Allahabad High Court
passes. If there is a
valid rebuttal to the presumption and it is shown that no sale took place
within ... question that demand in appropriate
proceedings.
4. It is evident from a reading of the order passed by the Mandi
Supreme Court of India
period he died is not a matter of presumption but of evidence, and
the onus of proving that the death ... raised under
Section 108 of the Evidence Act. The presumption as to the fact of
death and the time
Madras High Court
Indian Evidence Act: Section 105--Burden of proof--What
is 'fact'--When proved--When 'disproved'--Presumption court
is entitled ... Kailash Singh. The trial court relying on the
evidence of P.Ws 1 and 2 who were the main
Supreme Court of India
death is not a matter
of presumption but of evidence and the onus of proving that
the death took place ... before the
suits were filed. The presumption under s. 107 of the
Evidence Act could not come
Supreme Court of India
unsatisfastory." He observed that such a presumption arises
only when the evidence of possession on both sides is equally balanced ... such can be proved as a fact. The evidence without the presumption
might seem to be unsatisfactory, useless or valueless
Patna High Court
opposite party; it may comprise circumstantial evidence or
presumption of law or fact".
After referring to the provisions ... satisfy
the Judge's requirement of some evidence), the presumption
'disappears' as a rule of law and the case
Andhra High Court
question were genuine and are admissible in evidence, and as such,
the presumption arising under Section 90 of the Indian ... contended that no
presumption can be drawn from those documents under Section 90 of the
Indian Evidence Act, since
Orissa High Court
adulterous intercourse is only a rule of
evidence. The presumption which Section 112,
Evidence Act, 1872, contemplates, is a conclusive ... rebutted by a strong, clear satisfying
and conclusive evidence. The presumption cannot be
displaced by mere balance of probabilities
Supreme Court of India
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