Showing : 11-20 of 536 Results

ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 307, Evidence Act, 1872, Section 106-- Attempt to murder - Burden of proof - Injured witness herself not supported prosecution case and none other witnesses who might have seen the incident has proved the case when examined - There appears no occasion for trial Court to use S.106 of Evidence Act, to shift burden of proof on accused and..........
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..........
DELHI HIGH COURT
Year of decision: 2019
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Cruelty - Petition by husband - Burden of proof - Burden is on husband to prove acts of cruelty, as petition for divorce was filed by husband...........
KERALA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 23, Rule 3, Evidence Act, 1872, Section 102-- Compromise - Fraud - Burden to prove that compromise arrived at U.O.23.R.3 CPC was tainted by fraud lies upon party who alleges the same - His mere assertion in pleadings before Court is no substitute for proof of vitiating circumstances...........
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: 2019
Details
Indian Penal Code, 1860, Section 302, 465, 419, Evidence Act, 1872, Section 106-- Double murder case - Burden of proof - Accused along with two deceased were staying in hotel room - There was nobody else in the room at the time of incident - Therefore, in view of evidence on record and lack of explanation by accused leads to only conclusion that it was none else than accused..........

Showing : 11-20 of 536 Results