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Results of proof

Showing : 351-360 of 3311 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2017
Details

Will -- Proof of - Testator executed registered Will in favour of his two daughters and wife - Will in question was a most natural and genuine document - Specific and strong reasons assigned by testator in disinheriting plaintiffs - Will in question not found to be surrounded by any suspicious circumstances and thus, proved...........

DELHI HIGH COURT

Year of decision: 2017
Details

Evidence Act, 1872, Section 106 -- Burden of proof - Burden to establish facts in exclusive knowledge of accused, is on accused person concerned and if he fails to establish or explain those facts, adverse inference of facts may arise against him, which coupled with presumptive evidence adduced by prosecution would rebut presumption of innocence in favour of that person..........

DELHI HIGH COURT

Year of decision: 2017
Details

Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 8 -- Murder - Motive - Absence of motive will put Court on its guard and scrutinize evidence very closely in order to ensure suspicion, emotion or conjecture, do not take place of proof...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Rent and Eviction -- Sub tenancy - Burden of proof - Initial burden to prove exclusive possession of sub tenancy is that of owner which is only that of preponderance of probability only and he has to prove the same prima facie only - If owner succeeds then burden to rebut the same lies on the tenant...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Rent and Eviction -- Sub tenancy - While sub letting property landlord is kept out of the scene - Proof by direct evidence of the money consideration paid by sub tenant to tenant is difficult to prove - Court can draw its own inference upon facts of the case...........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Medical Council of India Act, 1956 -- Error of judgment or an accident is not proof of negligence - So long as doctor follows a practice acceptable to the medical profession of the day, he cannot be held liable for negligence merely because a better alternative course was available - A professional may be held liable for negligence if he does not possess the requisite..........

SIKKIM HIGH COURT

Year of decision: 2017
Details

Evidence Act, 1872, Section 101, 102, Prevention of Money Laundering Act, 2003, Section 24 -- Burden of proof - Offence under PML Act - Shifting onus on accused affords him opportunity of establishing his innocence and clarify source of his property - Once offender is able to establish source of his property, then prosecution is required to discharge its burden - Hence,..........

DELHI HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Provision gives a party a right to interrogate with a view to obtaining an admission from opponent of everything which is material and relevant to the issue raised on the pleadings - Object is to obtain an admission from the opponent which will make the burden of proof easier than it otherwise would have..........

BOMBAY HIGH COURT

Year of decision: 2017
Details

Will -- Execution - Proof - One of attesting witness admitted that he was not present at the time when Will was signed by testator and other attesting witness - Other attesting witness not examined - Execution of Will thus, not proved in accordance with law - Will ought not to have been admitted in evidence being not proved...........

MADRAS HIGH COURT

Year of decision: 2017
Details

Agreement to sell -- Specific performance - Ready and willing - Plaintiff has to prove his case - This principle has to be complied with more rigor, when it comes to compliance of S.16(c) of the Specific Relief Act - An averment satisfying the provision with an element of clarity is a sine qua non - Such an averment backed with proof and such a proof has necessarily to..........

Showing : 351-360 of 3311 Results