Showing : 61-70 of 536 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Evidence Act, 1872, Section 102-- Burden of proof - Ancestral property - Burden lies upon member who after admitting existence of jointness in family properties asserts his claim that some properties out of entire lot of ancestral properties are his self acquired property...........
MADRAS HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 84-- Plea of insanity - Nature of burden of proof on accused to prove insanity is no longer higher than that rests upon a party to civil proceedings - Accused could discharge his burden by showing preponderance of probabilities in his favour - Behaviour antecedents and subsequent event of accused may..........
DELHI HIGH COURT
Year of decision: 2017
Details
Evidence Act, 1872, Section 106-- Burden of proof - Burden to establish facts in exclusive knowledge of accused, is on accused person concerned and if he fails to establish or explain those facts, adverse inference of facts may arise against him, which coupled with presumptive evidence adduced by prosecution would rebut..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Rent and Eviction-- Sub tenancy - Burden of proof - Initial burden to prove exclusive possession of sub tenancy is that of owner which is only that of preponderance of probability only and he has to prove the same prima facie only - If owner succeeds then burden to rebut the same lies on the tenant...........
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..........

Showing : 61-70 of 536 Results