EVIDENCE ACT, 1872

PRESUMPTION UNDER SECTION 90 OF THE EVIDENCE ACT ( 30 YEAR OLD DOCUMENT):-

Presumption under Section 90 of the Evidence Act in respect of 30 years' old document coming from proper custody relates to the signature, execution and attestation of a document i. e. to its genuineness but it does not give rise to presumption of correctness of every statement contained in it. The contents of the document are true or it had been acted upon have to be proved like any other fact .

UNION OF INDIA Vs. IBRAHIM UDDIN & ANR. (SC) 2012 (2) UAD 566.

PRESUMPTION UNDER SECTION 114(g) OF THE EVIDENCE ACT:

Generally, it is the duty of the party to lead the best evidence in his possession, which could throw light on the issue in controversy and in case such material evidence is withheld, the Court may draw adverse inference under Section 114(g) of the Evidence Act notwithstanding, that the onus of proof did not lie on such party and it was not called upon to produce the said evidence.