Evidence Act, 1872, Section 101 -- Will - Burden of proof to prove Will is on propounder of Will...........
Evidence Act, 1872, Section 101 -- Burden of proof - Recovery suit - Agricultural loan - Execution of relevant documents before plaintiff bank and also availing of loan amount and creation of equitable mortgage is not at all disputed by defendant - However, defendant in his defence stated that he deposited certain part payment but bank has not given any receipt to that..........
Evidence Act, 1872, Section 101, 102 -- Burden of proof - Two senses of burden of proof are (i) Arising as a matter of pleading; (ii) who has first to prove a particular fact - First is called the `legal burden' and it never shifts and the second one shifts from one side to the other...........
Evidence Act, 1872, Section 101 -- Burden of proof - Partition suit - Initial burden of proving suit property to be joint family property is on plaintiffs - Therefore it is for plaintiffs to prove through oral and documentary evidence that suit property was purchased out of joint family income...........
Evidence Act, 1872, Section 101 -- Burden of proof - Suit for declaration of title and recovery of possession - Burden of proof to establish a title in the suit lies upon plaintiff, as this burden lies on party who asserts existence of a particular state of things on basis of which she claims relief...........
Evidence Act, 1872, Section 101, 102 -- Burden of proof - Partition suit - Initial burden is on plaintiff to show that suit property was a joint family/ancestral property - After initial discharge of burden, it shifts on defendant to show that property claimed by him was not joint family/ancestral property...........
Evidence Act, 1872, Section 101, 102, 103 -- Plaintiff has to prove its case on the strength of its evidence - Burden of proof is on plaintiff to prove its case, which he had failed - Merely because defendant did not raise a counter claim on suit property it would not ipso facto mean that a decree ought to have been granted in favour of plaintiff - Decretal of suit set..........
Evidence Act, 1872, Section 101, 102, 103 -- Plaintiff to prove his case by adducing cogent evidence and weakness of defendant is not a ground to allow plaintiff's suit...........
Evidence Act, 1872, Section 101 -- Burden of proof - Suit for declaration of title - Burden of proof in a suit for declaration of title is upon plaintiff and this burden never shifts to defendant till plaintiff discharges his burden...........
Evidence Act, 1872, Section 101, 102, 103 -- Suit for declaration of title - Burden of proof - Entire burden in a suit for declaration of title is upon plaintiff - Once plaintiff fails to discharge said burden, howsoever bad is the defence of defendants, that will not come to the aid of plaintiff...........
