Showing : 51-60 of 536 Results

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..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 105, 106-- Burden of proof - It is for accused to prove facts which are within his knowledge when prosecution establishes ingredients of offence charged - Once accused succeeds in showing, by preponderance of probabilities that there is reasonable doubt in his favour, burden shifts again on prosecution to..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 101, 102-- Burden of proof and onus of proof - Distinction - Legal burden never shifts, but onus of proof that is burden to introduce evidence shifts from side to side during course of trial...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 14, Rule 1-- Framing of an issue - Civil Rules of practice - Every material proposition of fact and every proposition of law, which is affirmed by one side and denied by other shall be made subject matter of a separate issue and that every issue of fact shall be so framed as to indicate on whom burden of proof..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 106-- Burden of proof - S.106 of the Act is designed to meet certain exceptional cases, in which it will be impossible for prosecution to establish certain facts which are particularly within the knowledge of accused...........
DELHI HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 35, 54, Evidence Act, 1872, Section 101, 102-- Conscious possession - Burden of proof - Initial burden of proof lies on prosecution and once the same is discharged, burden shifts on accused - Once possession is established, Court can presume that accused had necessary culpable mental state and has committed the offence...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 326, 498A, Dowry Prohibition Act, 1961, Section 4, Evidence Act, 1872, Section 106-- Grievous hurt - Cruelty - Dowry demand - Burden of proof - Prosecution successfully established that burn injuries to victim caused in the house of accused - Burden thus, shifts upon accused to explain those injuries u/s 106 of Evidence Act, which burden could not be discharged by accused -..........
DELHI HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106-- Murder - Circumstantial evidence - Burden of proof - Accused is only person who was living with deceased - There was no force entry into flat - Burden of proof of special knowledge would be upon accused - History of frequent quarrels between accused and deceased is on record - Accused failed to..........
MADHYA PRADESH HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 84, Evidence Act, 1872, Section 105-- Insanity - Burden of proof - Is on accused...........
DELHI HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 3, 106-- Circumstantial evidence - Burden of proof - If accused fails to offer a reasonable explanation in discharge of burden placed on him, that itself provides an additional link in the chain of circumstances proved against him...........

Showing : 51-60 of 536 Results