Showing : 51-60 of 508 Results

SIKKIM HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 101, 102, Prevention of Money Laundering Act, 2003, Section 24-- Burden of proof - Offence under PML Act - Shifting onus on accused affords him opportunity of establishing his innocence and clarify source of his property - Once offender is able to establish source of his property, then prosecution is required to discharge its burden - Hence, S.24 of the Act is..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 11, Rule 1-- Interrogatories - Provision gives a party a right to interrogate with a view to obtaining an admission from opponent of everything which is material and relevant to the issue raised on the pleadings - Object is to obtain an admission from the opponent which will make the burden of proof easier..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 102-- Burden of proof - Joint property - Plea of partition - Suit for permanent injunction - Defendant purchased property from son of plaintiff/co-sharer, who had no exclusive right, title and interest over property - Plea of partition taken by defendant that property is already partitioned between..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Evidence Act, 1872, Section 101, 102-- Criminal misconduct - Assets disproportionate to known source of income - Burden of proof - Primary burden to bring home charge of criminal misconduct is on prosecution - It is only on discharge of such burden by prosecution, if accused failed to satisfactorily account for the same, he will be..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B, 102-- Dowry death - Presumption - Burden of proof - Once prosecution discharges its initial burden of proving all ingredients of dowry death u/s 304-B IPC by preponderance of probabilities, S.113-B Evidence Act mandatorily requires Court to draw adverse inference against accused - In such cases, burden..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Plea of fraud - Burden of proof - Once thumb impression on agreement are admitted by seller, then it would be his duty to prove the plea of fraud - In present case, respondent seller failed to lead any cogent evidence to prove the same - Thus, admissions made by respondent..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54-- Presumption of culpability u/ss 35, 54 of the Act to explain possession satisfactorily - Presumption is rebuttable - It does not dispense with obligation of prosecution to prove the charge beyond all reasonable doubt - Presumptive provision with reverse burden of proof, does not sanction..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 101, 102-- Burden of proof - Ancestral property - Person pleading ancestral nucleus and source of purchase should prove the same...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 101, 102-- Burden of proof - Dispute as to identification of property with reference to boundaries - Burden is on defendant to prove that property which plaintiff is claiming is different from property based on boundaries...........
GAUHATI HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 103-- Burden of proof - Oral gift - Plaintiff pleaded oral gift in his favour, which is an affair between himself, donor and witnesses who witnessed gift - Three essential ingredients of valid gift provided u/s 149 of Mahomedan Law is presumed to be within knowledge of plaintiff himself and none else -..........

Showing : 51-60 of 508 Results