Showing : 31-40 of 521 Results

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..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Hindu Adoptions and Maintenance Act, 1956, Section 16, Evidence Act, 1872, Section 102-- Adoption - Challenge thereto - Burden of proof to challenge adoption deed and proving that it was not properly executed was upon plaintiff - Plaintiff however, failed to explain satisfactorily as to why she put her signatures on document, despite being suspicious about it - Moreover, document in..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106-- Murder - Burden of proof - Deceased was living with her children along with her brother-i, law/accused in joint family - Children of deceased stated that accused came in drunken condition and threatened to kill them - PW1 heard cries of her mother/deceased and also seen accused taking deceased..........
DELHI HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 102-- Burden of proof - In civil cases, standard of proof is preponderance of probabilities and not beyond reasonable doubt - When both the parties have led their evidence, burden to prove a plea pales into insignificance...........
PATNA HIGH COURT
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 123, Evidence Act, 1872, Section 111-- Forged and fabricated gift deed - Burden of proof - Generally burden of proof is on the person who so alleges - However, when defendants were in dominating position and plaintiffs had faith upon them, burden in view of S.111 of Evidence Act, is upon defendants to prove that transaction of gift..........

Showing : 31-40 of 521 Results