Showing : 81-90 of 508 Results

TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Hindu Law-- Liability of sons to discharge pious debts of their father - Immorality or illegality of debt - Burden of proof is on son - There must be direct connection between the debt and alleged immorality or illegality - It is not sufficient to make a general allegation of immorality against father...........
DELHI HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 101-- Rape - Burden of proof - Onus is always on prosecution to prove, affirmatively each ingredient of offence it seeks to establish and such onus never shifts - Prosecution case has to stand on its own legs - Unless the offence of accused is established beyond reasonable doubt on the basis of legal..........
ORISSA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 18, Rule 1, 2-- Right to begin - Partition suit - Plea of defendant of previous partition - Burden is on defendants to prove previous partition - Only when defendants lead some evidence in proof of previous partition, plaintiff would be obliged to lead evidence in rebuttal - Application of plaintiff for a..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 106-- Murder of wife by husband - Burden of proof - Accused caused 16 axe injuries on various parts of body of deceased - He was only inmate of house along with deceased - Burden is on accused to give a cogent explanation as to how crime was committed - Though plea of false implication was taken by..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Limitation Act, 1963, Article 65, Evidence Act, 1872, Section 102-- Adverse possession - Suit for declaration of title and recovery of possession - Burden of proof - Once plaintiff establish her title over suit property, burden will be shifted to defendant to prove adverse possession against plaintiff beyond the statutory period of limitation...........
DELHI HIGH COURT
Year of decision: 2016
Details
Hindu Marriage Act, 1955, Section 13(1)(ia)-- Divorce - Petition by husband - Cruelty by wife - Burden of proof - Burden is on husband to prove his case, and not for wife to prove the negative...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Representation of the Peoples Act, 1951, Section 83(1)-- Election petition - Non-compliance with the requirement of S.83(1) Proviso - Question whether there were two affidavits filed by election petitioner along with election petition, was never examined by High Court - Neither the returned candidate disputed the said statement by filing a rejoinder to..........
DELHI HIGH COURT
Year of decision: 2016
Details
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 20-- Illegal gratification - Proof of demand and acceptance of bribe amount as illegal gratification is a sine qua non -Once demand and acceptance of illegal gratification is established, then burden rests on accused to displace the statutory presumption raised u/s20 of the act by bringing on record..........
DELHI HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 114-- A party in possession of best evidence is bound to produce the same on record irrespective of onus or burden of proof - Court may draw an adverse inference if he withholds important documents in his possession which can throw light on the facts at issue...........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Evidence Act, 1872, Section 102-- Burden of proof - Agreement to sell - Mere fact that agreement in question is not fabricated does not absolve plaintiff from burden of establishing that defendants are consenting parties to it - Burden is on plaintiff to establish that after fully knowing about the contents they endorsed their..........

Showing : 81-90 of 508 Results