Showing : 61-70 of 514 Results

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 -..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Evidence Act, 1872, Section 110-- Burden of proof - Proof of guilt of accused - Primary burden always remains on prosecution to establish guilt of accused which is not only cardinal principle of criminal jurisprudence but also enshrined in S.101 of Evidence Act...........
MADRAS HIGH COURT
Year of decision: 2017
Details
Negotiable Instruments Act, 1881, Section 118, Evidence Act, 1872, Section 101, 102-- Pronote - Burden of proof - Initial burden is always on plaintiff to prove execution of pronote - Once execution of pronote is proved by plaintiff then statutory presumption available u/s 118 of N.I.Act comes into operation in favour of plaintiff - Defendant may also dislodge statutory presumption..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 101-- Burden of proof - Joint family property - Initial burden lies upon member who alleges that property is joint family property - If initial burden is proved, burden shifts to member of joint family setting up claim that it is his/her personal property...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 18, Rule 1-- Right to begin - Out of four issues burden of proof lies on plaintiff on three issues, which includes the core issue - Directing defendant to begin is contrary to O.18.R.1 CPC and Ss.101 to 104 of Evidence Act - Impugned order of trial Court directing defendant to begin trial, held, not proper...........
DELHI HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 106-- Burden of proof - S.106 of the Act is not intended to relive the prosecution of its burden to prove the guilt of accused beyond reasonable doubt - But provision applies to cases where prosecution succeeds in proving facts from which a reasonable inference can be drawn regarding existence of..........
KERALA HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 12, Evidence Act, 1872, Section 101, 102-- Annulment of marriage - Suppression of mental illness of wife - Burden of proof - It is on the wife that her mental illness was disclosed to husband and with that knowledge he agreed for alliance and thereafter he condoned the same and started residing with wife as husband and wife...........
MADRAS HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 114, 102, 103-- Marriage - Presumption - Rebuttal of presumption - Burden of proof - Cohabiting continuously for a number of years and living together as husband and wife for number of years - There is presumption of marriage - Such presumption is rebuttable - Burden to rebut lies on the person who seeks to..........

Showing : 61-70 of 514 Results