Showing : 81-90 of 529 Results

GAUHATI HIGH COURT
Year of decision: 2017
Details
Mohammedan law-- Oral gift - Burden of proof is on the person who accepted the gift from donor and donor divested himself from right, title and interest of property included in the gift and said act must be proved by witnesses - Delivery of possession to the person accepting the gift must also be proved by..........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24, 106-- Murder of wife by husband - Extra-judicial confession - Burden of proof - In the instant case, incident took place in house of accused and admittedly victim is residing with him before her death - Therefore, it is duty of accused to show special knowledge and unless it is explained how deceased..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Will-- Execution - Suspicious circumstances - Burden of proof - Once execution and attestation is proved as per law, burden shifts to other side to prove suspicious circumstances...........
MADRAS HIGH COURT
Year of decision: 2016
Details
Negotiable Instruments Act, 1881, Section 118-- Promissory note - Consideration - Presumption - Plaintiff discharged the initial burden of proof that deceased borrowed the suit amount from him under suit promissory note - Presumption can be drawn that promissory note is supported by consideration - Defendants failed to rebut the presumption -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 18, Rule 3-- Rebuttal evidence - Plaintiff can lead evidence in rebuttal only on those issues the burden of proof of which is on the defendant - When evidence sought to be adduced in rebuttal is not on those issues, he has no right to lead evidence in rebuttal...........
MADRAS HIGH COURT
Year of decision: 2016
Details
Will-- Execution - When there is no dispute with respect to signature of testator on Will, question of proof of execution does not arise, excepting that burden is on propounder of Will that suspicious circumstances have to be cleared...........
ALLAHABAD HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 102-- Burden of proof - Criminal trial - Burden is on prosecution to prove its case and law does not cast any burden on accused except when accused invokes any exceptions to criminal liability covered by S.105 of Evidence Act - Burden so placed on defence is lower then burden placed on prosecution - It..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Specific Relief Act, 1963, Section 38, 39-- Permanent prohibitory and mandatory injunction - Restraining defendant from constructing a latrine and to raise a retaining wall on suit property - However, suit land was not demarcated by plaintiff before filing the suit - She was not even aware of Khasra no of suit property - Moreover, plaintiff..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 101, 102, 114-- Burden of proof - Encroachment upon land of plaintiff by defendant - Burden to prove the fact that defendant encroached upon suit land was on plaintiff - It was not for the defendant to prove that he has not encroached upon the land of plaintiff - Defendant was not required to lead negative..........
KERALA HIGH COURT
Year of decision: 2016
Details
Tort-- Damages - Causation of damage - It is a crucial question in a suit for damages and burden is on plaintiff to prove that damage was caused by wrongful act of defendants - Preponderance of probability is the required standard of proof to prove the cause of damage and the same has to be proved as..........

Showing : 81-90 of 529 Results