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    Question

    Which illustration of Section 114 of Evidence Act is

    based on the maxim “Ominia praesumumtur rite et solemniter esse acta”?
    A Illustration a Correct Answer Incorrect Answer
    B Illustration d Correct Answer Incorrect Answer
    C Illustration e Correct Answer Incorrect Answer
    D Illustration g Correct Answer Incorrect Answer

    Solution

    Section 114 of the Indian Evidence Act, 1872 provides for a presumption as to the correctness of any act done in a certain way. Illustration e of Section 114 states that "that judicial and official acts have been regularly performed". This illustration is based on the maxim "Ominia praesumumtur rite et solemniter esse acta", which means that all things are presumed to have been done rightly and regularly. This presumption applies to judicial and official acts performed in the course of regular proceedings, such as the recording of evidence, issuing of summons, and pronouncement of judgments. It is presumed that such acts have been done in the proper manner, unless the contrary is proved. Illustration a - that a man who is in possession of stolen goods soon, after the theft is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession Illustration d - that a thing or state of things which has been shown to be in existence within a period shorter than that within which such things or states of things usually cease to exist, is still in existence Illustration g - that evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it.

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