Transfer of Property Act, 1882, Section 54, Evidence Act, 1872, Section 102 -- Registered sale deed - Burden of proof - Registration of sale deed carries with it a presumption that it was validly executed - Burden of proof lies on the party challenging genuineness of transaction to show that it is not valid in law...........
Evidence Act, 1872, Section 102 -- Ownership - Burden of proof - Burden to prove ownership over suit property is on plaintiff...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - Accused and deceased were alone at the place of incidence (residence) and it was exclusively in possession of accused - Accused contended that he was out of place at the relevant date due to property dispute - However, no plea of alibi was taken by accused in his statement..........
Indian Penal Code, 1860, Section 302, 394, 34 -- Murder - Robbery - Circumstantial evidence - Incident happened in the house of deceased - Heavy burden is on shoulders of accused to explain under what circumstances deceased died - However, accused failed to offer any explanation in his statement recorded u/s 313 Cr.P.C - Accused and absconded accused were last seen in the..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Accident occurred due to rash and negligent driving of driver of offending vehicle - Documents on record clearly established identity of truck involved in accident, identity of driver, name of insurer of offending truck, period of coverage of insurance of truck, details of lodging FIR in concerned police..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 6, Rule 1 -- Temporary injunction - Non-pleading of pre-requisites - No pleading in counter affidavit about prima facie case, balance of convenience and irreparable injury which are essential ingredients U.O.39.Rr.1, 2 CPC - Burden is on deponent of affidavit to state on oath that these..........
Civil Procedure Code, 1908, Order 18, Rule 1, 2 -- Right to begin - Application by plaintiff for issuance of direction to defendant lead evidence first - Court can only entertain purshis of plaintiff stating the he does not desire to lead evidence as no burden is cast on him and if convinced, Court may accept purshis and give liberty to defendant to lead evidence first -..........
Will -- Plea of impersonation - If plaint allegation is that Will is executed by impersonation then burden lies heavily upon plaintiff to prove that it is a case of impersonation...........
Indian Penal Code, 1860, Section 304B, 306 -- Nature of offence - Allegation against father-in-law - Deceased committed suicide by hanging herself within six months of her marriage - Immediate cause for incident appears to be fact that daughter of accused brought silver ornaments of deceased from her father's home just before her death - It seems something was triggered by..........
Service -- Setting aside dismissal order - Employee has no right to claim back wages as of right only for this reason - In such cases, it is necessary for workman to plead and prove with aid of evidence that after his dismissal from service, he was not gainfully employed anywhere and had no earning to maintain himself or/and his family - Employer is also entitled to prove..........
