Evidence Act, 1872, Section 102 -- Burden of proof - Joint property - Plea of partition - Suit for permanent injunction - Defendant purchased property from son of plaintiff/co-sharer, who had no exclusive right, title and interest over property - Plea of partition taken by defendant that property is already partitioned between plaintiff and his sons including his vendor -..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B, 102 -- Dowry death - Presumption - Burden of proof - Once prosecution discharges its initial burden of proving all ingredients of dowry death u/s 304-B IPC by preponderance of probabilities, S.113-B Evidence Act mandatorily requires Court to draw adverse inference against accused - In such cases,..........
Agreement to sell -- Specific performance - Plea of fraud - Burden of proof - Once thumb impression on agreement are admitted by seller, then it would be his duty to prove the plea of fraud - In present case, respondent seller failed to lead any cogent evidence to prove the same - Thus, admissions made by respondent exclude the possibility of fraud...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54 -- Presumption of culpability u/ss 35, 54 of the Act to explain possession satisfactorily - Presumption is rebuttable - It does not dispense with obligation of prosecution to prove the charge beyond all reasonable doubt - Presumptive provision with reverse burden of proof, does not sanction conviction on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 68F, 68J -- Freezing of illegally acquired property - Burden of proving that any property specified in the notice served u/s 68-H of the Act is not illegally acquired property shall be on the person affected - In the instant case, petitioner failed to prove the fact that flat in question was acquired by legal..........
Evidence Act, 1872, Section 101, 102 -- Burden of proof - Ancestral property - Person pleading ancestral nucleus and source of purchase should prove the same...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Survey Commissioner - Disobedience of order of Court passed U.O.39.Rr.1, 2 CPC by raising new construction - Burden of proving a fact rests on the party who substantially asserts affirmative issues - Fact of disobedience of order of Court has been asserted by petitioners, as such burden to prove said fact rests..........
Criminal trial -- Appreciation of evidence - Two cardinal principles are : (a) Guilt of accused must be proved beyond reasonable doubt (b) Burden on accused is not so heavy to prove the plea taken by him as it lies on the prosecution - Further, burden of proving defence can be discharged by accused merely by preponderance of probabilities in favour of the plea taken by..........
Evidence Act, 1872, Section 101, 102 -- Burden of proof - Dispute as to identification of property with reference to boundaries - Burden is on defendant to prove that property which plaintiff is claiming is different from property based on boundaries...........
Will -- Execution - One of attesting witness of Will proved due execution of Will - Testator was hale and hearty at the time of execution of Will - Requirement u/s 63 of Succession Act has been fulfilled and satisfied by propounder of Will - Burden shifts on defendant to prove that Will is not genuine - However, no element is available from evidence of DW - Slight variance..........
