Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Presumption - Rebuttal - Accused is discharged of the presumption the moment he raises reasonable suspicion with respect to due execution of cheque - Once such suspicion is created by an accused, burden of proof thereafter shift upon complainant to prove that cheque had been executed in discharge of a..........
Evidence Act, 1872, Section 102 -- Burden of proof - Gift deed - When a person obtains any benefit from another, Court would call upon person who wishes to maintain the right to gift to discharge burden of proving that he exerted no influence for purpose of obtaining the document...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Consumer complaint - Deficiency in service - Onus of proof of deficiency in service is on complainant in consumer complaints - If complaint is able to discharge its initial onus, the burden would then shift to the respondent in the complaint...........
Civil Procedure Code, 1908, Order 16, Rule 1, 2 -- Summoning of witness - Money suit on basis of promissory note - Defendants denied signature of deceased who executed the promissory note - Plaintiff in order to discharge burden of proof moved present application in order to summons Branch Manager to produce account opening form, which contains specimen signatures of..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by wife - Wife proved her marriage with husband - She thus, discharged the initial burden - Though husband denied the marriage, but he failed to discharge liability of burden of proof upon him - Mere denial of marriage in written statement becomes meaningless without any evidence being adduced..........
Indian Penal Code, 1860, Section 302, 364, 120B, 201, Evidence Act, 1872, Section 3, 106 -- Kidnapping and Murder - Circumstantial evidence - Burden of proof - If accused is last seen with deceased, accused must offer an explanation as to how and when accused parted company with deceased - Accused must furnish an explanation that appears to Court to be probable and..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Suit for declaration and injunction - Defendants not admitted the case of plaintiff in toto - Pleadings disputed by defendants by filing written statement and additional written statement - Ingredients of O.18.R.1 CPC not satisfied - Plaintiffs have to discharge burden of proof of facts alleged in the plaint..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - Body parts of deceased recovered from burning `Bitora' (conical storage of cow dung cakes) - Said Bitora was not in possession of accused, as it was located in open area in the field of one person - Accused was not required to explain circumstances of body parts being found..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for partition - Third party, whose property is included in the schedule of property, can be allowed to be impleaded as a party to the suit instead of driving him to file a separate suit - Plaintiff should be made to discharge the burden of proof of first establishing that the disputed property..........
Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12(3), Indian Penal Code, 1860, Section 363, 366, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Determination of age of prosecutrix - Kidnapping - Penetrative sexual assault - No material document on record which proves the age of prosecutrix as below 18 years - Even father of..........
