When Can Courts Draw Adverse Presumption?

in possession and the commencement of an adverse holding by them can be presumed, and if so, whether in the present case such a presumption should be drawn.    ... A pre­sumption of adverse possession may, I think, be drawn from the fact of exclusive possession by one co-owner extending over such a long period as to render non-possession by the other co-owner inexplicable, except upon the theory of acquiescence in an adverse claim. ... Prescription-Long-continued exclusive pos....

2024 0 Supreme(Guj) 604

Learned advocate submits that if the complainant had not shown readiness to examine the brother Mr.Manojbhai, then the said witness could have examined by the respondent-accused to prove his defence, however instead of adopting that method learned trial court has drawn the adverse inference against the ... A presumption is a conclusion drawn from the proof of facts or circumstances and stands as establishing facts until overcome by contrary proof. ... A presumption is a probable consequence ....

2023 1 Supreme 691

A presumption can thus be drawn on proof of certain facts. Also, a presumption is not a final conclusion to be drawn from other facts. A presumption of certain facts would remain until such inference is either disproved or dispelled. ... drawn.” ... That such a presumption could have been drawn only if there was proof of acceptance of illegal gratification for which proof of demand was a sine qua non and as the same was lacking in the said case, the ....

2023 0 Supreme(Raj) 154

Presumption as to documents thirty years old. ... Coming on to the primary and sole ground raised in the present second appeal as to whether the presumption drawn by the Courts below under Section 90 of the Indian Evidence Act, 1872 for the proof of the will in question is correct, the question would be whether the plaintiff was even required to prove ... Replying to the plea of adverse possession as averred by learned counsel for the appellants, learned counsel for the respondents submitted that the said plea itself is ....

2023 0 Supreme(Del) 5369

The presumption under Section 114 is, of course, rebuttable. When once the presumption is drawn, the duty of producing evidence to the contra so as to rebut the presumption is cast on the party who is subjected to the rigour of that presumption. ... Presumption is not the final conclusion to be drawn from other facts. But it could as well be final if it remains undisturbed later. Presumption in Law of Evidence is a rule indicating the stage of shifti....

2024 0 Supreme(HP) 222

The accused did not step into the witness box and an adverse inference should have been drawn against him. No defence was raised by the accused to discredit the evidence of the complainant. ... But this does not preclude the person against whom the presumption is drawn from rebutting it and proving the contrary as is clear from the use of the phrase “unless the contrary is proved”. 35. ... Adverting to the case in hand, we find on a plain reading of its judgment that the trial Court completely overlooked the provisions a....

2023 0 Supreme(Kar) 603

Applying the definition of the word “proved” in Section 3 of the Evidence Act to the provisions of Sections 118 and 139 of the Act, it becomes evident that in a trial under Section 138 of the Act a presumption will have to be made that every negotiable instrument was made or drawn for consideration and ... The term “presumption” is used to designate an inference, affirmative or disaffirmative of the existence of a fact, conveniently called the “presumed fact” drawn by a judicial tribunal, by a process of probable reason....

The presumption gets weaker as time goes by, till the point is reached where no presumption can be drawn. That point of time will vary according to the nature of the article. ... The presumption gets weaker as time goes by, till the point is reached when no presumption can be drawn. That point in time will vary according to the nature of the article. ... No assumption adverse to the accused can be drawn from the fact that he has been charged. Th....

2026 Supreme(Online)(Gau) 294

Statute mandates raising of presumption but it stops at that. It does not say how presumption drawn should be held to have rebutted. ... The said presumption is also permissible to be drawn against the respondent, even by the evidences adduced by the appellant herein, during the Trial. ... against the respondent was permissible to be drawn. ... In other words, provided the facts required to form the basis of a presumption of law exist, no discretion is left with the C....

2024 0 Supreme(Mad) 2119

Mr.Justice Shelat, speaking for the bench, held that the view taken in Basant Singh's case that the presumption is not available to a certified copy is correct, but did not disagree with the view that the said presumption cannot be drawn to an original “WILL”. ... The Division Bench followed the view of the Calcutta High Court and held that the presumption must be drawn with great caution and when the document is free of any suspicion of being fabricated. 63. ... Having laid down this proposition, they ....

2019 0 Supreme(Cal) 318

In their application for quashing of the criminal proceedings pending against them, the petitioners have stated that the Learned Magistrate has failed to comply with the provision contained in Rule 183 of the criminal Rules and orders. Non-mention of paragraphs may be due to various reasons. I think on the basis of that no adverse presumption can be drawn at this stage. This cannot be ipso facto a ground for quashing of the complaint.

2019 0 Supreme(Cal) 733

No adverse presumption can be drawn in respect of such delay. Non-mentioning of the dying declaration in the First Information Report: Therefore, the purported delay in lodging of the First Information Report can be explained from the attending circumstances.

2018 0 Supreme(MP) 262

In such facts and circumstances, adverse presumption against the present appellants should be drawn. Dharamveer deposed in cross-examination (para 11) that he had seen in zamindari records that the name of his grandfather Salka was recorded as Salka, s/o Rajaram alias Nathua, but he deposed in next breath that any such zamindari record has not been filed by him before the trial Court.

2015 0 Supreme(Gau) 225

In the instant case, the accused has given evasive replies to the questions put to him under Section 313 Cr.P.C. while the deceased is none other than his wife and he has not discharged his obligation to give explanation and reply to the circumstances so appeared against him. In the circumstances, an adverse presumption can be drawn against him.

2010 0 Supreme(Cal) 835

In other words, an adverse presumption can be drawn only in case of refusal to let the best evidence from being brought before the court. In our considered view, it is open to court to draw an adverse inference against the recalcitrant party who wrongfully withholds evidence in his possession. But in the case in hand the evidence and circumstances on record clearly suggest that Buka Mahato is not an eye – witnesses even through the incident of assault and murder took place in front of his house. Therefore, by no stretch of imagination it can be said that the prosecution has....