Agreement to sell -- Specific performance - Proof of execution of agreement - Agreement bearing signatures of vendor on first page and on second page which is on the reverse side of the first page - Nothing unusual in the writing of document except that writing on reverse page not starting right underneath the endorsement of purchase of stamp paper - Held, said fact alone..........
Medical negligence -- Burden of proof - Case law laying down principles regarding medical negligence discussed...........
Custom -- Onus of proof - Lies on the propounder of the custom...........
Evidence Act, 1872, Section 62 & 64 -- Mode of proof - Waiver of objection - Effect of - Registered cancellation deed - Exhibited on record - No objection raised at any time with regard to mode of proof - Cancellation deed can not be held to not duly proved...........
Prevention of Food Adulteration Act, 1954, Section 7, 16, 19(2) -- Sample food article purchased in a sealed pack condition - Prosecution of vendor and manufacturer - Lack of plea and proof by manufacturer that sample food article and or the sealing on it was not intact and that seal was not in a condition in which it was sold - Not open to Court to deny benefit of..........
Medical negligence -- Complaint - Burden of proof - Initial burden lies on the complainant - Once complainant produced some evidence in support of allegation the onus shifts on to the OP to rebut such evidence - When both sides adduced evidence, the burden of proof vanishes to the background and the case is to be decided on preponderance of probability...........
Hindu Marriage Act, 1955, Section 11, 7, 5 -- Previous marriage - Registration certificate - By itself not sufficient to prove previous marriage in absence of proof of essential ceremonies at the time of previous marriage...........
Hindu Marriage Act, 1955, Section 11 -- Second marriage during subsistence of first marriage - Petition by husband u/s 11 of the Act - In proof of petition husband submitted only the certificate of marriage and an application filed by wife for obtaining passport - To establish the previous valid marriage petitioner is required to plead and prove the essential ceremonies of..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff cannot as a matter of right lead evidence in rebuttal on issues, the onus of proof which is on them...........
Service -- Departmental proceedings - Acquittal in criminal proceedings - Same does not bar continuation of departmental proceedings - Standard of proof required in departmental proceedings is not the same as required to prove a criminal charge...........
