Principle

EVIDENCE LAW — Presumptions — Section 149(d) Evidence Act Concerns Withholding Evidence Not Failure to Call Witness

Area of law
EVIDENCE LAW
Court
Supreme Court

Section 149(d) of the Evidence Act applies to withholding evidence, not failure to call a particular witness. The presumption arises when a party fails to produce evidence within its control. The principle applies to evidence law. The rule prevents misuse of the section against parties…

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