Question
The Court may presume that judicial and official acts
have been regularly performed. This is a presumption contained in sectionSolution
Section 114 of the Indian Evidence Act, 1872 empowers the courts to presume the existence of certain facts taking into consideration the common course of natural events, human conduct, and public and private business with relation to the facts of the case at hand. Sec 114(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; Sec 114(e) that judicial and official acts have been regularly performed; Sec 114(f) that the common course of business has been followed in particular cases; Sec 114(g) that evidence which could be and is not produced would, if produced, be unfavorable to the person who withholds it
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