Showing : 1-10 of 540 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..........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 489B, 489C, 34-- Forged currency notes - Secret information - No contradiction in any of witnesses in relation to information, raid and recovery of forged currency notes - Seizures were followed by appropriate preservation, labeling, sealing and other due processes - Police officers involved in process are not..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 364, 120B, 201, Evidence Act, 1872, Section 3, 106-- Kidnapping and Murder - Circumstantial evidence - Burden of proof - If accused is last seen with deceased, accused must offer an explanation as to how and when accused parted company with deceased - Accused must furnish an explanation that appears to Court to be probable and satisfactory, and if..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Evidence Act, 1872, Section 3, 106-- Circumstantial evidence - Burden of proof - When accused does not throw any light upon facts which are specially within his/her knowledge and which cannot support any theory or hypothesis compatible with his innocence, Court can consider his failure to adduce an explanation as an additional link..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 302, 364, 120B, 201, Evidence Act, 1872, Section 3, 106-- Kidnapping and Murder - Circumstantial evidence - Burden of proof - Deceased was last seen in company of A1 and that time gap between last seen and time of death of deceased is so small so as to make it impossible for deceased to come in contact of any other person - Since no plausible explanation..........
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 - 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
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
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..........

Showing : 1-10 of 540 Results