East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Bonafide requirement - A heavy burden is on the tenant to prove that requirement of the landlord is not genuine - To prove this fact, tenant has to give all the necessary facts and particulars supported by documentary evidence in the affidavit itself alongwith an application seeking leave to defend..........
Evidence Act, 1872, Section 106 -- Provision of S.106 of Evidence Act is not intended to relieve the prosecution to prove its burden of guilt beyond reasonable doubt - Provision is only helpful to the prosecution where it succeeds to prove facts from which a reasonable inference can be drawn regarding existence of certain other facts, unless the accused by virtue of..........
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105 -- Right of private defence - Burden of proof is on the accused but is not as onerous as that lies on the prosecution - Accused may discharge the onus by showing preponderance of probabilities...........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), 5(2), 5(1)(e) -- Assets disproportionate to known sources of income - Minister of State of Sikkim in capacity of public servant alleged to have amassed assets disproportionate to his known source of income and thereby committed criminal misconduct - Trial court found that income of petitioner and his wife during..........
Negotiable Instruments Act, 1881, Section 138, 142, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Legally enforceable debt and liability - Presumption as to - Rebuttal thereof - Held, as per S.139 of the Act, it is burden of accused to rebut presumption as S.139 of the Act provides that once cheque contains signature of a particular accused, it has to be presumed..........
Evidence Act, 1872, Section 101103 -- Burden of proof - Failure to discharge - Effect of - None of the defendants stepped into the witness-box to controvert the testimony of plaintiff - Plea that adverse inference is to be drawn against them - Held, when plaintiff failed to discharge initial onus there was hardly any need for defendants to have adduced evidence to rebut..........
Insurance claim -- Suppression of material facts - Burden of proof - The onus probandi in cases of fraudulent suppression of material facts rest heavily on party alleging fraud namely the insurer - Case law discussed...........
Indian Penal Code, 1860, Section 499 -- Tenth Exception - To bring a case within the ambit of S.499 Exception tenth it has to be proved by evidence that act was in 'good faith' and 'public good' as mere plea that accused believed that what he stated was in 'good faith' and he can discharge this burden by preponderance of probabilities...........
Indian Penal Code, 1860, Section 499 -- To bring a case within the ambit of S.499 Exception tenth it has to be proved by evidence that act was in 'good faith' and 'public good' as mere plea that accused believed that what he stated was in 'good faith' and he can discharge this burden by preponderance of probabilities...........
Indian Penal Code, 1860, Section 84 -- Insanity - Accused can discharge his burden of proof by preponderance of probabilities - Court is to see after due consideration of evidence if accused is entitled to acquittal or liable for lesser offence...........
