Showing : 501-510 of 1135 Results

WEST BENGAL STATE CONSUMER DISPUTES REDRESSAL COMMISSION, KOLKATA
Year of decision: 2010
Details
Medical negligence-- Burden of proof - There being no specific allegation of negligence for the specific part of the treatment by a particular doctor both in the complaint and the evidence of the complainant - Elaborate evidence adduced on behalf of the OPs 3 and 4 for the treatment and medical management of the..........
MADRAS HIGH COURT
Year of decision: 2010
Details
Evidence Act, 1872, Section 101, 102, 103-- Cumulative effect - Held, initial burden is always on plaintiff who asserts certain facts...........
RAJASTHAN HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54-- Contraband - Conscious possession - To drawn presumption u/ss 35 & 54 is that first the possession must be proved then only the burden shifts on the accused to prove that it was not a conscious possession...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Service-- Misconduct - Burden of proof - When an employer asserts misconduct on the part of the workman and dismisses or discharges him on that ground, it is for him to prove misconduct by the workman before the Industrial Tribunal or the Labour Court, as the case may be, by leading relevant evidence before..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Service-- Misconduct - Burden of proof - Assertion of employer that it was not practical to hold domestic enquiry to prove the misconduct of the workman - Held, assertion has to be proved by the employer and not by the workman...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Evidence Act, 1872, Section 101, 102, 103-- Burden of proof - In any proceedings, the burden of proving a fact lie on the party that substantially asserts the affirmative of the issue, and not on the party who denied it...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
General Clauses Act, 1897, Section 27-- Registered letter - There is presumption of service of letter - Such presumption is rebuttable - It is open to the party concerned to place evidence before the court to rebut the presumption by showing that the address mentioned on the cover was incorrect or that the postal authorities never..........
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Year of decision: 2010
Details
Marine Insurance Policy-- Insurance claim - Exclusion clause - Burden of proof - The effect of Exclusion/Exception is to save the insurer from liability for the loss which but for Exclusion/Exception would be covered - It is, thus, for the OP - Insurance Co. to prove that the claim made is not payable under Clause 4.6 and..........
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Year of decision: 2010
Details
Marine Insurance Policy-- Insurance claim - Exclusion clause - Burden of proof - The effect of Exclusion/Exception is to save the insurer from liability for the loss which but for Exclusion/Exception would be covered - It is, thus, for the OP - Insurance Co. to prove that the claim made is not payable under Clause 4.6 and..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
General Clauses Act, 1897, Section 26, Constitution of India, 1950, Article 20(2), Criminal Procedure Code, 1973, Section 300, Indian Penal Code, 1860, Section 419, 420, 120B-- Double jeopardy - Article 20(2) of the Constitution of India prohibits second conviction for the same offence - If the offences are distinct or same set of facts constitute two different offences under different laws, the accused can be punished in both offences - A person can be prosecuted and..........

Showing : 501-510 of 1135 Results