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Results of burden of proof

Showing : 281-290 of 559 Results

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2009
Details

Industrial Disputes Act, 1947, Section 11A -- Misconduct - Confession - Non voluntary confession - Production of witness - Burden of proof - Plea of workman that the Manager and Accountant before whom writing was inked were not examined by the management to prove the writing - The onus to prove that the writing was obtained from the workman was not voluntary, was on the..........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Indian Penal Code, 1860, Section 96, Evidence Act, 1872, Section 105 -- Private defence - Proof of - Plea of right of private defence taken by accused - Held, accused is not required to lead evidence - He can establish his plea by reference to circumstances transpiring from prosecution evidence itself - Question in such a case would be a question of assessing true effect..........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Indian Penal Code, 1860, Section 96, Evidence Act, 1872, Section 105 -- Self-defence - Plea of - Burden of proof - Held, burden of establishing plea of self-defence is on accused - Burden stands discharged by showing preponderance of probabilities in favour of that plea on basis of material on record...........

BOMBAY HIGH COURT

Year of decision: 2009
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Discharge of burden of proof by accused - Standard of - Held, accused may discharge his burden on the basis of materials already brought on record - It is not necessary for accused to prove his defence beyond reasonable realm of doubt - Standard of proof required on part of an accused and that of..........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Contract Act, 1872, Section 46, Evidence Act, 1872, Section 101, 102, 103 -- Time essence of contract - Burden of proof - Onus to plead and prove that time was of the essence of the contract is on the person who alleges...........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Evidence Act, 1872, Section 101, 102, 103 -- Burden of proof - In civil cases it is that of 'balance of probability' and not that of 'beyond reasonable doubt' - Minor inconsistencies in evidence are not relevant in civil cases in considering the question of discharge of burden...........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Land Acquisition Act, 1894, Section 18, 23, 4, 6, 11 -- Land acquisition - Compensation - Market value - Burden of proof - Burden of proving the true market value of acquired property is on the State that has acquired it for a particular purpose - Wherein State produced only a valuers report of a government engineer to substantiate its claim of market value and claimant..........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Prevention of Corruption Act, 1988, Section 20, Evidence Act, 1872, Section 106 -- Burden of proof - Presumption u/s 20 of the Act is a rebuttable presumption - Accused can rebut it either through the cross examination of the witnesses cited against him or by adducing reliable evidence - It is not necessary for the accused to prove his case beyond reasonable doubt -..........

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI

Year of decision: 2009
Details

Insurance claim -- Loss by Fire - Burden of proof - Plea by insurance that fire was deliberate - The burden to prove that fire was deliberate is on the OP - Insurance Company...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2009
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Relationship of landlord and tenant - Burden of proof - In an eviction petition the initial onus is on the shoulder of landlord that there exists a relationship of landlord and tenant...........

Showing : 281-290 of 559 Results