Showing : 1-10 of 20997 Results

SUPREME COURT OF INDIA
Year of decision: 2103
Details
Evidence Act, 1872, Section 101, 102-- Burden of proof and onus of proof - Burden of proof lies upon a person who has to prove the fact and which never shifts - Onus of proof shifts - Such a shifting of onus is a continuous process in the evaluation of evidence...........
SUPREME COURT OF INDIA
Year of decision: 2103
Details
Evidence Act, 1872, Section 101, 102-- Suit for possession based on title - Once plaintiff is able to create a high degree of probability so as to shift the onus on the defendant it is for the defendant to discharge his onus and in the absence thereof, the burden of proof lying on plaintiff shall be held to have been discharged so as..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Rebuttal - Can be made with reference to the evidence of prosecution as well as of defence...........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Evidence Act, 1872, Section 3-- Evidence - Discrepancy in evidence - Does not make it a case of no evidence...........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Service -- Misconduct - Dismissal from service - Inquiry officer appreciated evidence and returned a finding that respondent is guilty of misconduct - Disciplinary authority agreed with findings of enquiry officer and passed an order of punishment - Tribunal or High Court could not interfere with finding of..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Evidence Act, 1872, Section 35-- School leaving certificate stated to be signed by father - Proof - Person who recorded date of birth in the School Register or the person who proves the signature of his father in the school Transfer Certificate not examined - No evidence to show that entry of date of birth was made by the..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Security cheque - Once accused admits issuance of cheque which bears his signature, there is presumption that there exists a legally enforceable debt or liability - However, such presumption is rebuttable and accused is required to lead evidence to rebut such presumption -..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Civil Procedure Code, 1908, Order 41, Rule 31-- Judgment of First Appellate Court - First Appellate Court has to set out points for determination, record decision thereon and give its own reasons - Even when First Appellate Court affirms judgment of trial Court, it is required to comply with requirement of O.41.R.31 CPC - Non-observance of this..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - While granting anticipatory bail Court has to keep in mind the following factors : viz. (a) When a person complains of apprehension of arrest and approaches for order, application should be based on concrete facts (and not vague or general allegations) relatable to one or other..........
SUPREME COURT OF INDIA
Year of decision: 2020
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Appeal against grant of bail - No materials that order granting bail suffers from no, application of mind or the reason for granting bail is not borne out from a prima-facie view of the evidence on record - Offence alleged no doubt is grave and serious and there are several criminal cases..........

Showing : 1-10 of 20997 Results