Showing : 1-10 of 520 Results

SUPREME COURT OF INDIA
Year of decision: 2103
Details
Evidence Act, 1872, Section 101, 102-- Burden of proof and onus of proof - Burden of proof lies upon a person who has to prove the fact and which never shifts - Onus of proof shifts - Such a shifting of onus is a continuous process in the evaluation of evidence...........
SUPREME COURT OF INDIA
Year of decision: 2103
Details
Evidence Act, 1872, Section 101, 102-- Suit for possession based on title - Once plaintiff is able to create a high degree of probability so as to shift the onus on the defendant it is for the defendant to discharge his onus and in the absence thereof, the burden of proof lying on plaintiff shall be held to have been discharged so as..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Evidence Act, 1872, Section 102-- Burden of proof - Gift deed - Challenge as to - When deed itself said that possession of property was given to donee, burden of proving that said recital was not correct, lay on party who asserted so...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Evidence Act, 1872, Section 102-- Burden of proof - Lies in ordinary course on the person who attack...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Evidence Act, 1872, Section 102-- Burden of proof - Forged power of attorney - Plaintiff who executed Power of attorney in favour of defendant has nowhere pleaded that she was a pardanasheen illiterate lady - Burden of proof rest on shoulders of plaintiff to establish that Power of Attorney was a forged document - High Court..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Service -- Criminal and departmental proceedings - Scope - Two proceedings criminal and departmental are entirely different - They operate in different fields and have different objectives - Object of criminal trial is to inflict appropriate punishment on an offender, the purpose of enquiry proceedings is to..........
TELANGANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Suit for partition - Third party, whose property is included in the schedule of property, can be allowed to be impleaded as a party to the suit instead of driving him to file a separate suit - Plaintiff should be made to discharge the burden of proof of first establishing..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118(a)-- Dishonour of cheque - Presumption - Governing principles - Summarised : (i) once execution of cheque is admitted, S.139 of the Act draws presumption that cheque was in discharge of any debt or other liability; (ii) presumption u/s 139 is rebuttal presumption and onus is on accused to raise..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 13(4)-- Medical negligence - Burden of proof - Commission cannot order constitution of a medical board to collect evidence on behalf of complainant - Complainant to produce his own evidence in support of complaint - However, forum constituted under the Act has jurisdiction to requisition a report from any..........
BOMBAY HIGH COURT
Year of decision: 2019
Details
Succession Act, 1925, Section 263- - Court fee - Application seeking revocation of probate or letters of administration cannot be treated as a suit and shall be treated as Misc. application to be disposed of on fact situation - Burden of proof of seeking such a revocation would therefore lie on applicant in view of S.263 of the Act..........

Showing : 1-10 of 520 Results