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..........
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..........
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...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Proof of income and standard of proof - For a daily wage earner or person engaged in petty trade, courts should not adopt a hyper-technical and restrictive approach and such claimants should not be compelled to furnish elaborate documentary proof of income - Direct evidence including oral testimony of..........
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..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Determination of income of deceased - Victim was employed as a driver on a fixed monthly salary of Rs.10,000 - Salary certificate of deceased is further corroborated by affidavit sworn by victim's employer - Determination of income must be founded on proof placed on record and cannot rest on conjecture or..........
Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance to wife - Earlier marriage of wife with one `M' is an admitted position - Wife could not adduce sufficient evidence in support to show that said earlier marriage was lawfully dissolved and that she is no longer his legally wedded wife - Reference to affidavit in..........
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 110 -- (Bharatiya Sakshya Adhiniyam, 2023, S.113) - Presumption as to possession - Possession follows title is the presumption that may be raised u/s 110 of the Act - To raise such presumption, possession must at any time be with title and person must have continued with possession which was prima facie not unlawful and contesting party had no..........
