Circumstantial evidence -- In a case resting on circumstantial evidence if accused fails to offer a reasonable explanation in discharge of the burden placed on him, that itself provides an additional link in the chain of circumstances proved against him...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Execution denied - Burden is on the complainant to prove that the instrument was duly executed by the maker...........
Civil Procedure Code, 1908, Section 9 -- Civil suit - To be decided by Civil Court unless jurisdiction of Civil Court is excluded by specific provisions of any enactments - Exclusion of jurisdiction of a Civil Court shall be strictly construed and it shall always be the burden on the party, pleading exclusion to prove the same...........
Evidence Act, 1872, Section 106 -- Plea of alibi - Burden of proof - Held, if any alibi is taken by defence burden lies upon him u/s 106 of the Evidence Act - His plea of alibi or any other plea or plea of any other fact having special knowledge can only be proved by person who has taken such plea u/s. 106 of the Evidence Act...........
Medical negligence -- Burden of proof - Shifting of onus - Initial burden on the complainant - Once the initial burden has been discharged by the complainant by making out a case of negligence on the part of the hospital or the doctor concerned, the onus then shifts on to the hospital or to the attending doctors - It is for the hospital to satisfy the Court that there was..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B, 18A -- NRI landlord - Eviction petition - Burden is on landlord to prove his requirement and his status that he is NRI landlord - Landlord is also to prove relationship of landlord and tenant when challenged...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29 -- Contraband - Not found in possession of appellants- Burden of proof therefore never shifted on them...........
Medical negligence -- Burden of proof - Hairline fracture of the neck of the right femur - An averment in complaint that respondent who suffered a simple Garden Type 1 hairline fracture in the course of accident due to rough handling by the attendants at hospital developed into a complicated Garden III type fracture denied by other side - It cannot be said to be evidence..........
Indian Penal Code, 1860, Section 97, 98, 99, 100, 101, 102 -- Self defence - Burden to prove - Burden of proving self-defence is always on the accused - Such burden can be discharged by probablising the defence - Accused may discharge his onus by establishing a mere preponderance of probabilities...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - As found by courts below, complainant established that cheque was issued by accused for amount due and payable to the complainant - Defence raised by petitioners in the grounds is that cheque amount was settled by way of return of goods - Held, burden is on petitioners to prove that cheque amount was..........