Showing : 21-30 of 514 Results

ORISSA HIGH COURT
Year of decision: 2018
Details
Partition suit-- Plea of adoption of plaintiff taken by defendant - Defendant contended that plaintiff not entitled to share of property, as he was given in adoption - However, defendant failed to discharge the burden of proof which heavily rested upon him in proving case of adoption of plaintiff - Since..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 101-- Burden of proof - Suit for declaration - Relief claimed is of declaration of title - Burden therefore heavily is upon plaintiffs to establish that documents filed by them relate to suit property...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106-- Murder of wife by husband - Burden of proof - Room in which dead body of deceased was found was jointly shared by accused/husband and his wife/deceased - Burden is upon accused to offer an explanation as to how and in what circumstances, deceased sustained so many injuries - Accused failed to..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Will-- Burden of proof - Burden lies on defendants to prove execution of Will as they asserted Will and there is a special procedure prescribed for proof of execution of a Will...........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Transfer of Property Act, 1882, Section 105, Evidence Act, 1872, Section 103-- Lease - Eviction suit - Sub-letting - Burden of proof - Defendant was inducted as sub-tenant by plaintiff - He admits to have taken the suit premises on sub lease from plaintiff in his written statement - However, specific plea is taken by defendant that he became a direct tenant under original..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Will-- Proof - Burden to prove execution and contents is upon propounder of Will - Merely because there is no specific denial in written statement/objection on behalf of defendants, it cannot be said that applicant is discharged from her burden to prove execution of Will...........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 1-- Evidence - Right to begin - It is not necessary that evidence must always be led by party who has right to begin and on whom lies burden of proof and it is not open to plaintiff to say that though he has right to begin he would rest content with relying upon averments in written statement and..........
UTTARAKHAND HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 218, 222, Evidence Act, 1872, Section 106-- Offence u/ss 218, 222 IPC - Burden of proof - Accused being a police constable himself allowed under trial to escape from custody - Incident happened in a broad daylight in crowded Court compound, but none of PW has seen such incident, nor did anyone hear about it - However, accused developed a..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 32-- Three dying declarations - Discrepancies in three dying declarations - When there are conflicting or contradictory dying declarations and if prosecution fails to discharge the burden of proof beyond reasonable doubt, there is no reason why the benefit of doubt should not be extended to the..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 363, 368, 366, Evidence Act, 1872, Section 106-- Kidnapping of two minor girls - Burden of proof - Accused kidnapped two minor girls on rickshaw - No evidence or circumstance pointing fact that two minor girls were ever seen in company of any other person after their disappearance with accused on rickshaw - Imputation of causing disappearance..........

Showing : 21-30 of 514 Results