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...........
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 to amount to proof of the plaintiff's..........
Evidence Act, 1872, Section 102 -- (Bharatiya Sakshya Adhiniyam, 2023, S.105) - Burden of proof - Once plaintiffs asserted that they derived valid title to suit property through their forefathers, burden lay squarely upon them to substantiate such claim by producing cogent title deeds in support thereof...........
Evidence Act, 1872, Section 102 -- (Bharatiya Sakshya Adhiniyam, 2023, S.105) - Burden of proof - Burden is always on party who approaches Court for relief sought in his case and not on weakness of other side - Party litigant has to prove his case on the strength of his own by substantial evidence to discharge onus cast on him, irrespective of question whether the other..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint by power of attorney holder - No specific averment in complaint that attorney holder witnessed the transaction as an agent of company or that he is having knowledge regarding transactions and execution of cheque - His proof affidavit shows that he became conversant with facts of case..........
Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 101 -- (Bharatiya Sakshya Adhiniyam, 2023, S.104) - Suit for declaration of title - Burden of proof is always on plaintiffs to prove title by adducing cogent evidence to satisfaction of Court...........
Evidence Act, 1872, Section 106 -- Burden of proof - Murder - Any adverse inference u/s 106 of the Act is to be drawn against accused when prosecution has been able to establish the case beyond a reasonable doubt...........
Evidence Act, 1872, Section 106 -- Burden of proof - S.106 of the Act does not shift primary burden of proof, which in a criminal trial always remains on prosecution...........
Civil Procedure Code, 1908, Section 47 -- Execution - Compromise decree - Violation of - DHs had failed to establish violation of compromise decree by JDs - Burden of proving violation of decree rests squarely on DHs - In the absence of cogent proof of such violation, execution cannot be sustained - Burden of proof, which lay upon DHs, had not been discharged - Executing..........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for declaration that partition deed is null and void - Initial burden is on plaintiff to prove that partition deed is invalid and is liable to be declared as null and void - On discharge of initial burden by plaintiffs, onus shifts to defendants to prove validity of partition deed...........
