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CHHATTISGARH HIGH COURT

Year of decision: 2009
Details

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...........

KERALA HIGH COURT

Year of decision: 2009
Details

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...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2009
Details

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...........

CALCUTTA HIGH COURT

Year of decision: 2009
Details

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...........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

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..........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

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...........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29 -- Contraband - Not found in possession of appellants- Burden of proof therefore never shifted on them...........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

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..........

SUPREME COURT OF INDIA

Year of decision: 2009
Details

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...........

MADRAS HIGH COURT

Year of decision: 2009
Details

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..........

Showing : 861-870 of 1453 Results