Showing : 91-100 of 536 Results

KERALA HIGH COURT
Year of decision: 2016
Details
Tort-- Damages - Causation of damage - It is a crucial question in a suit for damages and burden is on plaintiff to prove that damage was caused by wrongful act of defendants - Preponderance of probability is the required standard of proof to prove the cause of damage and the same has to be proved as..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 106-- Burden of proof - Before burden of proof be shifted to accused, prosecution has to prima facie establish its case against accused...........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Criminal trial-- Circumstantial evidence - Burden of proof - Prosecution has to prove its case beyond all resonable doubt even if evidence available suggests that occurance has taken place in some other manner...........
ORISSA HIGH COURT
Year of decision: 2016
Details
Transfer of Property Act, 1882, Section 122, Evidence Act, 1872, Section 104-- Execution of gift deed - pardanashin woman or an illiterate - Burden of proof - To prove a gift deed to be valid, burden of proof shall always be upon the person who seeks to sustain the transaction to establish that executant had understood the nature of document and the purpose of it and that..........
ORISSA HIGH COURT
Year of decision: 2016
Details
Will-- Suspicious circumstances - Unsoundness of testator - Burden of proof - Testator was suffering from mental disorder and was under treatment when the Will was executed - Onus is on the beneficiary to show that testator was in sound state of mind and executed the document properly...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Hindu Law-- Liability of sons to discharge pious debts of their father - Immorality or illegality of debt - Burden of proof is on son - There must be direct connection between the debt and alleged immorality or illegality - It is not sufficient to make a general allegation of immorality against father...........
DELHI HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 101-- Rape - Burden of proof - Onus is always on prosecution to prove, affirmatively each ingredient of offence it seeks to establish and such onus never shifts - Prosecution case has to stand on its own legs - Unless the offence of accused is established beyond reasonable doubt on the basis of legal..........
ORISSA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 18, Rule 1, 2-- Right to begin - Partition suit - Plea of defendant of previous partition - Burden is on defendants to prove previous partition - Only when defendants lead some evidence in proof of previous partition, plaintiff would be obliged to lead evidence in rebuttal - Application of plaintiff for a..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 106-- Murder of wife by husband - Burden of proof - Accused caused 16 axe injuries on various parts of body of deceased - He was only inmate of house along with deceased - Burden is on accused to give a cogent explanation as to how crime was committed - Though plea of false implication was taken by..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Limitation Act, 1963, Article 65, Evidence Act, 1872, Section 102-- Adverse possession - Suit for declaration of title and recovery of possession - Burden of proof - Once plaintiff establish her title over suit property, burden will be shifted to defendant to prove adverse possession against plaintiff beyond the statutory period of limitation...........

Showing : 91-100 of 536 Results