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Results of burden on plaintiff

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Showing : 121-130 of 234 Results

RAJASTHAN HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Issue as regards unauthorised construction by defendants without permission of Municipal Corporation - Plaintiff having made allegations in regard thereto had the burden to prove the same - No occasion to issue commission as power of appointment of commissioner for local investigation cannot be exercised..........

KERALA HIGH COURT

Year of decision: 2013
Details

Evidence Act, 1872, Section 68, 101, Specific Relief Act, 1963, Section 31 -- Cancellation of deed - Burden to prove genuineness of deed arises only on plaintiff placing materials before Court satisfactorily discharging burden cast upon him in showing prima facie suspicious circumstances to doubt execution of disputed deed...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Specific Relief Act, 1963, Section 6 -- Suit u/s 6 of the Act - Onus of proof lies on plaintiff to establish that he was in possession and has been illegally dispossessed - However, when both parties lead evidence the question of burden of proof becomes immaterial - In such a case, Court must be satisfied before passing a judgment in favour of plaintiff that he has..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2013
Details

Malicious prosecution -- Damages - Acquittal in a criminal case - By itself not a ground to claim damages - It is only when plaintiff pleads and proves that complaint in the criminal case was motivated and done with a malicious intention - Two facts are relevant in this regard i.e. (i) in case there is an indication in the judgment of criminal court itself that complaint..........

RAJASTHAN HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issue of limitation - Issue framed as : Whether suit is not within limitation - Issue improperly framed - Issue ought to be framed whether suit is within limitation - Burden to prove same lies on plaintiff and not on defendant - Direction given to frame issue in correct form...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2013
Details

Agreement to sell -- Oral - It is not necessary that an agreement of sale must be in writing but where an oral agreement of sale is pleaded in respect of any item of property, heavy burden rests upon plaintiff to prove every facet of the same through cogent and acceptable evidence...........

ANDHRA PRADESH HIGH COURT

Year of decision: 2013
Details

Civil Procedure Code, 1908, Order 8, Rule 6A, 6B, 6C, 6D, 6E, 6F, 6G -- Counter claim - Every principle that applies to adjudication of suits, applies to counter claim also - Counter claim for all practical purposes, resembles an independent suit, be it in the context of limitation, payment of Court fee and the like - Counter claim can be made even while acknowledging any..........

BOMBAY HIGH COURT

Year of decision: 2012
Details

Hindu Law -- Joint Family Property - Merely because there is existence of HUF that by itself does not make the property standing in the name of individual members of a joint family to be the joint family property - Burden rests upon plaintiff to establish the fact that the suit property was the joint family property...........

MADRAS HIGH COURT

Year of decision: 2012
Details

Civil Procedure Code, 1908, Order 14, Rule 1, Negotiable Instruments Act, 1881, Section 118 -- Promissory note - Passing of consideration - Burden of proof - Held, it will be on the part of defendant to show that the promissory note is not supported by consideration - According to the issue framed by trial court, it is for plaintiff to prove the passing of consideration,..........

SUPREME COURT OF INDIA

Year of decision: 2012
Details

Agreement to sell -- Suit for specific performance - Ready and willing - Suit filed within limitation - Plaintiff took upon himself the burden of pursuing the matter with the authorities for obtaining sale permission and Income Tax Clearance Certificate - The fact that plaintiff made several requests to defendant to file a proper affidavit, as requested by DDA, is another..........

Showing : 121-130 of 234 Results