Showing : 1-10 of 508 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
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..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38, Evidence Act, 1872, Section 101, 102-- Suit for permanent injunction - Burden of proof lies on plaintiff to prove that he was in actual and physical possession of property on the date of suit...........
DELHI HIGH COURT
Year of decision: 2019
Details
Criminal trial-- Prosecution is supposed to stand on its own legs and cannot derive benefits whatsoever from the weakness, if any, in the defence of accused - Burden of proof of the version of prosecution in criminal trial, throughout trial lies upon prosecution and never shifts to accused who is entitled to the..........
DELHI HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 364A, 365, 307, 392, 394, 186, Evidence Act, 1872, Section 106-- Kidnapping for ransom - Attempt to murder - Burden of proof - Chance prints lifted from stolen car were matched with right thumb of accused - No explanation given by accused as to how fingerprints were detected from said vehicle which was used during commission of offence - Testimonies of PWs are..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 106-- Murder of wife by husband - Burden of proof - Deceased was first strangulated and then her dead body was set to fire, thus, theory of accident as propounded by accused is totally ruled out - Prosecution failed to lead even a shred of evidence so as to establish that accused was present in the..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 106-- Burden of proof - Offence u/s 304(Part II) IPC - Although burden was upon accused to discharge onus of fact within her special knowledge of Ss.105, 106 of the Act - However, accused can still raise plea of exception...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 54, Evidence Act, 1872, Section 102-- Registered sale deed - Burden of proof - Registration of sale deed carries with it a presumption that it was validly executed - Burden of proof lies on the party challenging genuineness of transaction to show that it is not valid in law...........

Showing : 1-10 of 508 Results