Showing : 31-40 of 511 Results

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..........
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 - Plaintiffs proved that they are illiterate ladies and defendants being their agnates were in dominating position particularly, after death of husband of plaintiff No.1 - Court below, thus rightly shifted burden of proving genuineness of gift deed..........
PATNA HIGH COURT
Year of decision: 2017
Details
Transfer of Property Act, 1882, Section 123-- Gift deed - Proof of - Mere proof of execution of gift deed is not sufficient, as execution of gift deed is not disputed - Rather, burden was on defendant to prove that plaintiff executed the gift deed in their favour by her own sweet will having understood the contents of gift deed - Defendants..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Will-- Burden of proof - Burden is on propounders of Will to establish genuineness and authenticity of Will for accepting their case...........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Agreement not executed between parties on stamp paper - A letter signed by defendant in name of plaintiff is supposed to be contract to be performed - Though execution of document is admitted but truthfulness of contents was denied by defendant - Plaintiff failed to..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), Evidence Act, 1872, Section 105-- Act providing reverse burden of proof on accused - This shall not dispense with requirement of prosecution to first establish a prima facie case, only whereafter the burden will shift to the accused - Compliance with statutory requirements and procedures shall have to be strict and the scrutiny..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106-- Murder of wife by husband - Burden of proof - When incident took place, deceased and accused were alone in room and after incident accused continued to stay in room - Trial Court perfectly justified in invoking presumption u/s 106 of Evidence Act against accused which provides that when any facts..........

Showing : 31-40 of 511 Results