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Results of burden on plaintiff

Showing : 101-110 of 181 Results

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Indian Penal Code, 1860, Section 84, Evidence Act, 1872, Section 105 -- Insanity - Burden of proof - Burden of proof rests on an accused to prove his insanity which arises u/s 105 of Evidence Act and is not so onerous as that upon the prosecution to prove that accused committed the act with which he is charged - Burden on accused is no higher than that resting upon a..........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Negotiable Instruments Act, 1881, Section 118(a) -- Consideration - Presumption - Pronote - Execution if proved it is to be presumed that it is supported by a consideration - Such presumption is rebuttable by a probable defence - Onus shifts on plaintiff when defendant discharges the initial onus of proof showing that the existence of consideration was improbable or..........

BOMBAY HIGH COURT

Year of decision: 2008
Details

Civil Procedure Code, 1908, Section 9 -- Injunction suit - Restraining defendant from raising construction on public street towards west of his plot - Held, burden is upon plaintiff to show that his plot is legal and on west side of his plot there exists a public road or public street...........

ALLAHABAD HIGH COURT

Year of decision: 2008
Details

Specific Relief Act, 1963, Section 31 -- Sale deed - Suit for cancellation - Ground of fraud and misrepresentation - Burden of proof is on plaintiff - Plaintiff failed to do so - Defendant cannot be asked to discharge negative burden - Held, plaintiff is not entitled to decree of cancellation of sale deed...........

KARNATAKA HIGH COURT

Year of decision: 2007
Details

Negotiable Instruments Act, 1881, Section 4, Evidence Act, 1872, Section 118(a) -- Promissory note - Execution of promissory note admitted - There is presumption of consideration - Defendant neither proved nor established probabilities of circumstances under which the promissory note and receipt were executed - Presumption in favour of plaintiff not rebutted so as to shift..........

KERALA HIGH COURT

Year of decision: 2007
Details

Agreement to sell -- Oral - An agreement or contract for sale of immovable property need not be in writing - Heavy burden lies on plaintiff to prove that there was consensus ad idem between the parties for a concluded oral agreement for sale of immovable property...........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2007
Details

Transfer of Property Act, 1882, Section 41, Evidence Act, 1872, Section 102, 103, 106, 111 -- Agreement to sell - Subsequent purchase - Bonafide purchaser - Burden of proof - Suit for specific performance of agreement to sell - Burden lies on subsequent purchaser to prove that he is a bonafide purchaser without notice of the prior agreement -Plaintiff not to show that..........

SUPREME COURT OF INDIA

Year of decision: 2007
Details

Possession -- Burden is on plaintiff to establish title - Court is entitled to consider the rival title set up by the defendants - However, weakness of the defence or the failure of the defendants to establish the title set up by them would not enable the plaintiff to a decree...........

SUPREME COURT OF INDIA

Year of decision: 2007
Details

Indian Penal Code, 1860, Section 84 -- Unsoundness of mind - Every person, who is mentally diseased, is not ipso facto exempted from criminal responsibility - A distinction is to be made between legal insanity and medical insanity - Court is concerned with legal insanity, and not with medical insanity - Burden of proof rests on an accused to prove his insanity and is not..........

SUPREME COURT OF INDIA

Year of decision: 2007
Details

Adverse possession -- Once plaintiff proves his title, the burden of proof shifts to defendant to prove that he has perfected his title by adverse possession. (Limitation Act, 1963, Arts.64 & 65)...........

Showing : 101-110 of 181 Results