Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Circumstantial evidence - Last seem theory - There is no credible evidence on record of the case to establish the exclusive presence of appellants with deceased in the house in question at any time before the incident, justifying the shifting of burden of proof on to appellants by invocation..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Evidence need not always be led by the party who has the right to begin and on whom lies the burden of proof - It is open to him to sustain the onus by facts which he may elicit in cross examination of other party or his witnesses...........
Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 102 -- Suit for declaration of title - Burden of proof - In a suit for declaration of title burden always lies on plaintiff to make out and establish a clear case for granting such a declaration and weaknesses, if any, set up by defendant would not be a ground to grant relief of declaration of title to..........
Evidence Act, 1872, Section 8 -- Motive - When offence committed is proved, motive part loses its importance - Where there is clear proof of motive for the crime, that leads additional support to finding of Court that accused was guilty - But absence of clear proof of motive does not necessarily lead to a contrary conclusion...........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for possession - In a suit for possession based on title, plaintiffs must establish their ownership...........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for possession based on title - Title of plaintiff not specifically denied - As defendant claimed adverse possession as such burden has shifted to defendant to prove their adverse possession...........
Will -- Execution - There is ample corroborative evidence to substantiate due compliance of S.63 of Succession Act and S.68 of Evidence Act, which are the guiding principles of law in probate cases with regard to proof of valid execution of a Will - Probate rightly granted...........
Evidence Act, 1872, Section 102 -- Burden of proof - In civil cases, rival contentions and rival evidence has to be considered, assessed, evaluated and weighed to conclude whether burden on plaintiff has been discharged...........
Evidence Act, 1872, Section 108 -- Presumption of death - Missing person - If an individual does not wish to rely on the presumption as provided u/s 108 of Evidence Act he is well within his/her right to prove by cogent evidence that the date and time of death is prior to seven years - If an issue arises as to date or time of death the same shall have to be determined on..........
Criminal Procedure Code, 1973, Section 294 -- Documents - Defence repeatedly continued to admit the genuineness of prosecution documents - Documents can be read in evidence without formal proof...........
