Evidence Act, 1872, Section 114, 50 -- Second marriage during subsistence of first marriage - Admission of first wife in a compromise decree that second wife is the wife of her husband - Does not confer on her the status of wife as second marriage during the subsistence of first marriage is void - There can be no estoppel against the provision of a statute...........
Evidence Act, 1872, Section 114 -- Marriage - Presumption - Living as husband and wife for long period and giving birth to children - By itself does not give rise to presumption of valid marriage...........
Evidence Act, 1872, Section 114 -- Presumption - Illustrations given under the Section - Not exhaustive - Court may presume existence of any fact which is likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to facts of particular case...........
Evidence Act, 1872, Section 114 -- Tenant inducted by power of attorney holder - Power of attorney holder was only given power to conduct eviction suit against NCC and had no power to let out premises - Power of attorney not filed - Adverse inference cannot be drawn as firstly defendant could get a certified copy of power of attorney and secondly defendant could ask..........
Transfer of Property Act, 1882, Section 106, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114 -- Notice - Service - Proof - If notice is sent by registered post, properly addressed it shall be presumed to have been delivered to the addressee - There is no obligation to prove the service of notice by examining the postman...........
Transfer of Property Act, 1882, Section 106, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114 -- Notice - Under certificate of posting - A notice to quit sent by ordinary post is as valid as one sent under the registered post - Section 106 of the TPA does not provide that notice of termination of tenancy should be sent by registered post - There is a..........
Evidence Act, 1872, Section 114 -- Official acts - Court can presume that official acts have been followed properly unless it is challenged in a suit...........
Evidence Act, 1872, Section 114 -- Registration procedure - Presence of plaintiff before Sub Registrar challenged - Court can presume that official acts have been followed properly unless it is challenged in the suit - Mere statement that plaintiff was not present before Sub Registrar will not amount to challenging the registration procedure...........
Registration Act, 1908, Section 60, Evidence Act, 1872, Section 114 -- Registration procedure - Certificate of Registering Officer proving registration of document - Plaintiff not adduced any other evidence - Therefore, certificate of registration can be taken as piece of evidence to prove execution of document - When document is duly registered certain presumptions follow..........
Evidence Act, 1872, Section 114 -- Exclusive possession - Mere exclusive possession by itself does not give rise to any presumption of tenancy...........
