Land Acquisition Act, 1894, Section 4, 18, Evidence Act, 1872, Section 101, 102 -- Determination of compensation - Burden of proof - The burden is on the claimants to establish that the amounts awarded to them by the Land Acquisition Officer are inadequate and that they are entitled to more - Only if initial burden in that behalf is discharged, the burden shifts to State..........
Evidence Act, 1872, Section 101 -- Burden of proof - When no evidence is led on the question in dispute by the party on whom burden lies to prove certain facts then it must fail...........
Evidence Act, 1872, Section 101 -- Burden of proof - Concept of - The burden of proof lies on the party who substantially asserts in affirmative of the issue and not upon the party who denies it - The party on whom onus of proof lies must, in order to succeed, establish a prima facie case - He cannot, on failure to do so, take advantage of the weakness of his adversary's..........
Evidence Act, 1872, Section 101, 102, 103, 114 -- Adverse inference - Benami transaction - Party claiming benami transaction - Failed to examine him/her as witness - An adverse inference should be drawn against him/her...........
Evidence Act, 1872, Section 101, 102 -- Burden of proof - Joint Hindu Family property - Property cannot be presumed to be Joint Family property merely because of existence of Joint Hindu Family - One who asserts this fact, has to prove that the property is Joint Family Property - If person so asserting proves that there was nucleus with which the joint family property..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 101 -- Dishonour of cheque - Defence - Failure on the part of the accused to establish his case does not automatically be a ground to hold that the prosecution has proved its case - U/s 101 Evidence Act the burden is on the prosecution to prove its case and such burden is not discharged by showing..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, 5, Evidence Act, 1872, Section 101 -- Recasting of issues at appellate stage - Suit for possession - Decreed by Trial Court - In appeal, the Appellate Court set aside judgment & decree on the ground that issues framed by Trial Court not happily worded and burden of proof was not appropriately put - Appellate Court reframed..........
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, Evidence Act, 1872, Section 105 -- Private defence - Onus to prove is on accused - Plea can be established either by defence evidence or from the prosecution evidence - It cannot be based on speculation or mere surmises - Plea need not to be taken explicitly - There must be circumstances..........
Evidence Act, 1872, Section 101, 114 -- Burden of proof - With holding of best evidence - Adverse inference - Sale deed - Challenged in civil suit - Sale deed produced and exhibited on record - No objection raised - Contention that scribe or attesting witness of sale deed not examined, contents of sale deed and passing of consideration not proved. Held - Sale deed proved..........
Evidence Act, 1872, Section 101 -- Burden of proof - Whoever desire any Court to give judgment as to any legal right or liability dependent on the existance of facts which he asserts, must prove that those facts exist - Burden of prove in a suit or proceeding lies on that person who would fail if no evidence was given from either side...........
