Showing : 11-20 of 511 Results

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...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Evidence Act, 1872, Section 102-- Ownership - Burden of proof - Burden to prove ownership over suit property is on plaintiff...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106-- Murder - Burden of proof - Accused and deceased were alone at the place of incidence (residence) and it was exclusively in possession of accused - Accused contended that he was out of place at the relevant date due to property dispute - However, no plea of alibi was taken by accused in his..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 304B, 306-- Nature of offence - Allegation against father-in-law - Deceased committed suicide by hanging herself within six months of her marriage - Immediate cause for incident appears to be fact that daughter of accused brought silver ornaments of deceased from her father's home just before her death - It..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 35, 54-- Contraband - Prosecution case cannot rest on preponderance of probabilities - Prosecution is required to establish a prima facie case beyond reasonable doubt after investigation, only after which burden of proof shifts to accused...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 105-- Burden of proof - The burden of proof to establish guilt of accused beyond reasonable doubt is on prosecution whereas accused has to merely probablise his defense by preponderance of probabilities...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Agreement to sell-- Specific performance - Attestors and scribe of agreement not examined - No explanation given for the same - Even, agreements are unregistered - Defendants denied signatures on agreement - No attempt made by plaintiff to confront defendants and discharge burden by examining any handwriting expert -..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 102-- Burden of proof - Adoption - Burden of proof heavily lies on the person who sets up case of adoption which makes departure from natural course and incidents of succession...........

Showing : 11-20 of 511 Results