Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25 -- Contraband - Recovery effected from truck - Accused was neither arrested on the spot nor he was in the truck at the relevant time - He was arrested merely on the ground that he is registered owner of truck - No material produced against accused by prosecution to discharge initial burden to prove that..........
Agreement to sell -- Oral agreement to sell - Specific performance - Plaintiff and defendants were close friends - Payment of Rs.70,000 and handing over possession of suit block thus, not sufficient in the absence of cogent and reliable evidence to establish the oral agreement for sale - Burden is on plaintiff to prove with certainty that there was an oral agreement of..........
Negotiable Instruments Act, 1881, Section 4, 118, Evidence Act, 1872, Section 102 -- Promissory note - Consideration - Burden of proof - Burden lies on defendant to prove non-existence of consideration by bringing on record such facts and circumstances which would lead Court to believe non-existence of consideration - However, if the defendant discharges the onus of proof..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency in service - Burden of proving deficiency in service would always be upon person alleging it...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Deficiency in service - There could not be any presumption with regard to wilful fault, imperfection, shortcoming or inadequacy in quality, nature and manner of performance in service as contemplated in S.2(1)(g) of the Act - Burden of proving deficiency in service would always be upon the person alleging it...........
Service -- Challenge to validity of community certificate - Burden to disprove the nature of certificate is upon respondents - In the absence of discharge of such burden of proof, Court must presume the community certificate to be genuine...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Cannot be allowed merely for purposes of facilitating case of one or other party and it is not the business of Courts to discharge burden of evidence of either party...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused denied issuance of cheque, his signature on cheque, on receipt of notice and acknowledgement slip - Complainant did not produce any evidence to prove that signature on these documents were of accused - Complainant failed to discharge his burden of proving his case beyond reasonable doubt -..........
Partition -- Joint Family Property - Plaintiff failed to discharge the initial burden that property acquired jointly by defendant no.1 and his brother - Though property is purchased in the joint name but plaintiff failed to prove that there was any nucleus which yield such income to acquire property - Property in question is self acquired property of defendant no.1 - Suit..........
Evidence Act, 1872, Section 102 -- Burden of proof - Plea of fraud - Specific plea of fraud is taken by plaintiffs - To prove this fact burden lies on plaintiffs themselves - Shifting of burden to prove such fraud on defendant by first Appellate Court is wrong and unsustainable...........
