Indian Penal Code, 1860, Section 302, 379, 201, 34, Evidence Act, 1872, Section 114 -- Murder - Circumstantial evidence - Recovery of silver and gold ornaments - Recovery made after four months of incident and recovery witnesses not supported prosecution case - Thus, no question of identification made by PW3 - Trial Court convicted accused on basis of presumption drawn u/s..........
Evidence Act, 1872, Section 114 -- Presumption of truth - Courts below have found that plaintiff has not been able to prove plea of fraud - Signatures and thumb impressions on sale deed are admitted - There is photograph of appellant on sale deed - Sale deed is a registered document and registered sale deed has presumption of truth - Appeal dismissed...........
Evidence Act, 1872, Section 114, 35 -- Revenue entries - Presumption of truth attached to revenue entries stands rebutted when change in revenue entries is u, explained - Unexplained change of entries is of no consequence...........
Evidence Act, 1872, Section 114(g) -- Adverse inference - Non-examination of a party as its own witness - Adverse inference can be drawn if circumstances of the case warrant...........
Evidence Act, 1872, Section 114 -- Presumption - Where a party to a suit fails to enter into a witness box to state his/her own case on oath and does not offer himself/herself to be cross-examined by other side, presumption would arise that case set up by him/her is not correct...........
Hindu Adoptions and Maintenance Act, 1956, Section 11(vi), Evidence Act, 1872, Section 114 -- Adoption - Presumption - Factum of adoption and its validity to be duly proved - Formal ceremony of giving and taking is an essential ingredient for a valid adoption - But long duration of time during which a person is treated as adopted cannot be ignored and by itself may in..........
Evidence Act, 1872, Section 114 -- Presumption - During subsistence of debt if debtor hands over his title deeds to the creditor then an initial presumption can be drawn that title deed was handed over to secure the debt - However, it is mere presumption of fact and it is always open to debtor to show otherwise...........
Evidence Act, 1872, Section 112, 114 -- Marriage - Presumption - Long cohabitation of a man and a woman living as husband and wife accepted by society would lead to a presumption that there was a valid marriage as per custom unless it is rebutted by strong evidence as law is always in favour of marriage and not concubinage...........
Evidence Act, 1872, Section 112, 114 -- Marriage - Presumption - Customary form of marriage prevailing among community has to be proved and omission of certain things alone would not lead to a presumption that there was no valid marriage...........
Evidence Act, 1872, Section 114 -- Adverse inference - Non-examination of two minor children of deceased - Would not lead to draw an adverse inference, once testimony of wife of deceased and two other witnesses, who were neighbors is found to be trustworthy and their testimony cannot be disbelieved merely because two minor children of deceased were not examined,..........
