Railways Act, 1989, Section 124A -- Accident - Untoward incident - Compensation - Where an official railway inquiry or evidentiary record verifies issuance of a ticket corresponding to date and route of an untoward incident, such verification shall constitute prima facie proof of bona fide travel, shifting evidentiary burden on Railway Administration - Absence of a seizure..........
Evidence Act, 1872, Section 102 -- Burden of proof - In a suit for declaration of title, recovery of possession and mandatory injunction, entire burden lies on plaintiff to prove his valid right and title and also title of his vendor...........
Evidence Act, 1872, Section 102 -- Onus to prove - Joint Family Property - Sale by Karta - Onus to prove that a sale made by Karta on behalf of other coparceners of HUF for legal necessity lies on alienee/purchaser - However, onus of proof on stranger/purchaser cannot run counter to principle of reverse burden enshrined in S.106 of the Act and saddle him with liability to..........
Will -- Attestation - Propounder of Will is not obligated to examine both attesting witnesses and testimony of one attesting witness if it meets statutory requirements and withstands judicial scrutiny is adequate to discharge burden of proof in law...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Burden of proof - Initial burden to prove the factum of accident and involvement of offending vehicle lie on claimants - It is the claimants who have to discharge this primary burden by establishing occurrence of accident and involvement as well as identity of vehicle at least on prima facie basis - Only then onus to..........
Evidence Act, 1872, Section 102 -- Burden of proof - Adverse possession - Defendants have raised plea of adverse possession as such burden is on them to prove affirmatively that bar of limitation prescribed u/art 65 of Limitation Act, viz. 12 years, is applicable - But, limitation of 12 years begins when possession of defendants would become adverse to that of plaintiff -..........
Hindu Marriage Act, 1955, Section 7(1) -- Marriage - Validity - Husband himself admitted that he was residing with wife as husband and wife and only ceased cohabitation upon learning that Saptapadi had not been performed - Burden of proof is on husband to establish that no Saptapadi was performed - An adverse inference cannot be drawn against wife for not producing..........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for declaration of title - When plaintiff prays for declaration of his right, title and interest over suit properties, onus for proving title of plaintiff over suit properties lies solely upon plaintiff and he shall prove his title over suit properties independently without depending upon defendant's failure to..........
Easements Act, 1882, Section 13 -- Easement of necessity - To establish an easement right u/s 13 of the Act, one must plead and prove that suit property is a servient tenement to property owned by other side as dominant tenement - Additionally, plaintiff must plead and prove to establish that both tenements were previously held together and a single tenement's severance..........
Hindu Marriage Act, 1955, Section 12 -- Annulment of marriage - Wife suffering from Schizophrenia - Burden of proof - In a proceedings u/s 12 of the Act, burden lies heavily on husband to prove the foundational facts justifying annulment of marriage - Non-appearance of wife does not amount to admission of allegations and husband must discharge the legal burden of proof..........
