Sh. Balbir Singh Rana vs . Smt. Harcharan Kaur on 22 January, 2014
Sh. Balbir Singh
present case in
laying down a general proposition that the presumption of
regularity attaching to an order containing a technically
correct recital did not Operate ... recital is inaccurate".
The High Court opined that the presumption of regularity,
attached to an order containing a technically correct recit
been
subscribed and sworn before him. There is a presumption of
regularity of official acts and he must have satisfied
himself in the discharge ... been subscribed and sworn before
him. There is a presumption of regularity of official acts
and we are satisfied that he must have satisfied
section (5) of Section 132 only;
the same presumption can be raised for framing the regular
assessment as well. The Bench has recorded its dissent ... rebuttable presumption. The finding recorded by the High
Court in the impugned judgment that the presumption under
sub-section (4A) is a irrebuttable presumption
that the High Court failed to give effect
to the strong presumption of regularity and due execution
and attestation of the holograph will ... without giving effect to the "strong presumption" available
in the case regarding the presumption of regularity and due
execution and attestation
with entry 80. [893 E-F]
883
(iV)There is a presumption of regularity of official acts
but even apart 'from it the memorandum ... behind the memorandum and the affidavit. There is a
presumption of regularity of official acts and even apart
from it, the memorandum and the Affidavit
Rules of Business. In addition,
there is also the presumption of regularity of official acts.
Therefore, the bare assertion that Government had not formed ... facts. In addition
to the constitutional provision there is also the presumption
of regularity of official acts. Orders of Government,
whether at ministerial or gubernatorial
consulted, is not
decisive on the point. There would be a presumption of
regularity in respect of official and judicial acts and it
would ... consulted is not decisive on the point. There would be a
presumption of regularity in respect of official and
judicial acts and it would before
Evidence Act
declare that there was always presumption of regularity of
an official ... course, such presumption is rebuttable
presumption. (See: Jagjit Singh vs. State of Haryana
(2006) 11 SCC 1).
11. The wise principle of presumption which
position to appreciate this
argument. After-all, there is a presumption of regularity in
the performance of official duties. A presumption of
regularity ... merit or sufficiency of evidence to support
such challenge. This presumption of regularity expressed
by the maxim law omnia praesumuntur rite et solemniter
esse acta