Showing : 91-100 of 511 Results

DELHI HIGH COURT
Year of decision: 2016
Details
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 20-- Illegal gratification - Proof of demand and acceptance of bribe amount as illegal gratification is a sine qua non -Once demand and acceptance of illegal gratification is established, then burden rests on accused to displace the statutory presumption raised u/s20 of the act by bringing on record..........
DELHI HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 114-- A party in possession of best evidence is bound to produce the same on record irrespective of onus or burden of proof - Court may draw an adverse inference if he withholds important documents in his possession which can throw light on the facts at issue...........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 102, 103-- Burden of proof - Agreement to sell - Mere admission of signatures of executants would not relieve the burden of other party to establish the contents of document and consent of executants for such contents - Evidence placed by plaintiff has to be scrutinized to know how far the plaintiff could..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 102-- Burden of proof - Agreement to sell - Mere fact that agreement in question is not fabricated does not absolve plaintiff from burden of establishing that defendants are consenting parties to it - Burden is on plaintiff to establish that after fully knowing about the contents they endorsed their..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Insurance law -- Accident of vehicle insured - Liability of insurance company - Insurance company in order to avoid liability must not only establish the defence claimed in the proceeding concerned, but also establish breach on part of owner/insured of vehicle for which burden of proof would rest with insurance..........
RAJASTHAN HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 106-- Proof of fact within special knowledge of accused - Shifting of burden of proof on accused - Does not apply to a case where prosecution has produced eye witness...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 106-- Dowry death - Burden of proof - Since no presumption could be raised taking recourse of provision of Ss.113-A, 113-B of Evidence Act and there is no charge u/s 302 IPC against accused, therefore, no question arises for accused to discharge the burden as required u/s 106 of Act...........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 103-- Burden of proof - Adoption - Lies on that person who wishes the court to believe in its existence - No documentary evidence was produced to prove the adoption - Moreover, in electoral roll parentage of the party was totally different - Thus, adoption was not proved...........
TRIPURA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 313-- Examination of accused - Offence u/ss 304-B & 498-A IPC - Sufficient explanation not given by accused in his examination u/s 313 Cr.P.C as he simply stated that he was not present in the house at the time of incident - But PW5 stated that accused was present in the house - Burden of proving the..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 304B-- Dowry death - Death by burning within 7 years of marriage - There was demand of dowry accompanied with physical and mental cruelty against deceased prior to her death - More so, when PW5 brother of deceased arrived at the matrimonial house of deceased on the day of incident, said house was..........

Showing : 91-100 of 511 Results