Will -- Construction - Words occurring more than once - To be presumed to be used always in the same sense unless contrary intention appears from the Will - Court may also consider the circumstances under which the testator makes his Will such as the state of his property, or his family and the like...........
Civil Procedure Code, 1908, Order 7, Rule 14, 18 -- Mortgage deed - Not filed alongwith plaint - Produced later on - Document admitted in evidence without objection - It has to be presumed that leave had been granted...........
Negotiable Instruments Act, 1881, Section 138, 50 -- 'A holder in due course' - Means a person who for consideration became the possessor of a cheque if payable to bearer before the amount became payable - Unless contrary is proved the holder of a negotiable instrument shall be presumed to be a holder in due course...........
Medical Negligence -- Deceased suffering from Rheumatic Heart Disease - Allegation that patient died on account of increase in dosage of Sintrom from 2.00 mg. to 2.5mg. resulting in all subsequent problems of bleeding, low urination, low B.P. and subsequent Tracheotomy, suction - No literature, documentary evidence or otherwise brought before the Commission by complainant..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit dismissed in default - Case fixed for service of defendant No.2 - Nothing worthwhile was to be done on the date fixed and it cannot be presumed that petitioner deliberately choose not to appear on the said date - No deliberate attempt to delay the matter can be attributed to the petitioner - Application..........
Marriage -- Proof - Long cohabitation and birth of many children is good enough to conclude that relationship between the two was that of a husband and wife - Even if some earlier marriage to some other person is proved, that will be presumed to have lost that status. (Evidence Act, 1872, Ss.50, 114)...........
Postal service -- Fixed Deposits - Complainant deposited Rs.25,000/- and Rs.10,000/- in fixed deposit for one year - Payment not made by OP - OP presumed that since the accounts were not existing in the ledger agreement carried out on 19.6.1993, the amount might have been paid to the complaint - No such record produced which could show that the amount was paid to the..........
Prevention of Corruption Act, 1947, Section 13(1)(e), 13(2) -- Prosecution proved beyond reasonable doubt that prior to check period accused, his wife and daughter had no real source of income - Accused were not even able to repay a small debt - Prior to check period nephew of family of accused did not make any gift nor extended any help to pay off debt - Fact that monies..........
Evidence Act, 1872, Section 114 -- Presumption - Meaning - Presumptions are rules of evidence and do not conflict with the presumption of innocence, because by the later all that is meant is that the prosecution is obliged to prove the case against the accused beyond reasonable doubt - The obligation on the prosecution may be discharged with the help of presumptions of law..........
Custom -- To be specifically pleaded and proved - Unless it is pleaded it shall be presumed that the parties are governed by the general law...........
