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 112 -- Partition suit - DNA test - Paternity of daughter disputed by father - Father cannot file an application to send daughter for DNA test - Father has to adduce evidence in any other manner to prove that plaintiff is not his daughter - Application rightly dismissed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Contraband - Bail granted subject to the conditions of furnishing bail bonds of Rs.50,000 with surety in the like amount, surrender of passport, not leaving the country, providing and keeping active a mobile number, daily sharing of Google pin location with the SHO, and non-interference with evidence and..........
Evidence Act, 1872, Section 137, 138 -- Re-examination - Re-examination shall be directed to explain matters referred in cross-examination...........
Evidence Act, 1872, Section 137, 138 -- Re-examination - Re-examination of any witness is a right of party as well as right of Court to be done at the end of cross-examination...........
Evidence Act, 1872, Section 137, 138 -- Re-examination - No permission of Court is required if it only relates to explanation of the matters referred in cross examination - However, permission of Court is required if new fact or issue (must be relevant) is required to be introduced...........
Evidence Act, 1872, Section 137, 138 -- Re-examination - Permission of Court is required if new matter is required to be introduced to elicit the truth in the matter or explain any new issue properly and adverse party may further cross examine on that matter...........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - Dissolution on the ground of adultery can be granted only when sexual intercourse is proved - However, it would be extremely impossible to get direct evidence on sexual intercourse and same can be proved by circumstantial evidence...........
Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5(m), 29, Indian Penal Code, 1860, Section 376(1) -- Penetrative sexual assault/rape - Proof - Medical evidence disclosed no external or genital injury, no vaginal laceration or perineal tear, and no spermatozoa on swab, secondary sexual characters not developed - Presence of semen on pant alone does not..........
