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Results of burden of proof

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Showing : 71-80 of 659 Results

PATNA HIGH COURT

Year of decision: 2020
Details

Hindu Marriage Act, 1955, Section 9, Evidence Act, 1872, Section 101, 102 -- Restitution of conjugal rights - Petition by wife - Burden of proof - Husband has withdrawn from society of wife, hence burden of proving reasonable excuse was on him...........

PATNA HIGH COURT

Year of decision: 2020
Details

Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Wife proved her marriage with husband - She thus, discharged the initial burden - Though husband denied the marriage, but he failed to discharge liability of burden of proof upon him - Mere denial of marriage in written statement becomes meaningless without any evidence being adduced..........

SUPREME COURT OF INDIA

Year of decision: 2020
Details

Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Generally, High Court will not interfere with concurrent findings of Courts below, but it is not an absolute rule and some exceptions are, viz: (i) Courts below have ignored material evidence or acted on no evidence; (ii) Courts have drawn wrong inferences from proved facts by applying..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Rent and eviction - Bonafide requirement - Landlord specifically stated in his evictions petitions that he and his family members/son/daughter-in-law had no business space in their possession and that they had not rented out or vacated such space within municipal limits/local limits of town - Once..........

KERALA HIGH COURT

Year of decision: 2020
Details

Evidence Act, 1872, Section 64 -- Proof of a document - A party is not discharged from his burden to prove it merely for the reason that document was marked by a Court of Law...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2020
Details

Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 2 kg poppy straw - Primarily the burden is on prosecution to prove that after seizure till the testing by the Laboratory none tampered the sample - Prosecution failed to examine Head constable and constable that during the time the sample remained in their possession, there was no opportunity..........

KERALA HIGH COURT

Year of decision: 2020
Details

Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Eviction petition - Bonafide need - Burden of proof - Entire burden of proof is on tenant to substantiate that RCP is hit by first proviso to S.11(3) of the Act and that tenant is entitled to benefit of second proviso to S.11(3) of the Act...........

BOMBAY HIGH COURT

Year of decision: 2020
Details

Evidence Act, 1872, Section 102 -- Burden of proof - Hindu Joint family property - Burden always lies upon whoever asserts that it was so joint to establish that fact - But, where it was established that family possessed some joint property which, from its nature and relative value, might have formed nucleus from which property in question could have been acquired, burden..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2020
Details

Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Additional evidence in rebuttal - Where there are several issues and burden of proof of some of which lies upon defendant, plaintiff who is conscious of this lis and alive to matter in issue can adduce evidence in entirety vis-a-vis all issues including those onus of proof of which is upon defendant or having..........

KERALA HIGH COURT

Year of decision: 2020
Details

Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3) -- Eviction petition - Bonafide need - Alternate shop - Burden of proof - Onus of proof is on tenant to prove that landlord has alternate shop rooms to start his business - Tenant miserably failed to shift burden of proof - RCP not hit by first proviso to S.11(3) of the Act...........

Showing : 71-80 of 659 Results