Evidence Act, 1872, Section 110 -- Burden of proof - Section 110 of the Act merely enunciates the burden of proof as to ownership - Any rule of burden of proof is irrelevant when the parties have actually led evidence and that evidence has to be considered...........
Evidence Act, 1872, Section 110 -- Burden of proof - Chose in action - Section 110 of the Evidence Act would be applicable only to a `thing', which is capable of being possessed - A chose of action is not a `thing' - As by definition it not in the possession of someone, but that possession has to be acquired by some action which is why it is called a chose in action...........
Evidence Act, 1872, Section 114, 102 -- Registered document - There is presumption that a registered document is validly executed - Onus of proof is on the person who leads evidence to rebut the presumption...........
Evidence Act, 1872, Section 102 -- Onus of proof - Initial onus is always on the plaintiff and if he discharges that onus and makes out a case which entitles him to a relief, the onus shifts to the defendant to prove those circumstances, if any, which would disentitle the plaintiff to the same...........
Evidence Act, 1872, Section 101, 102 -- Burden of proof and onus of proof - Distinction - Right to begin follows onus probandi - It assumes importance in the early stage of a case - Question of onus of proof has greater force, where the question is which party is to begin - Burden of proof is used in three ways : (i) to indicate the duty of bringing forward evidence in..........
Evidence Act, 1872, Section 111 -- Proof of good faith and fiduciary relationship - Section 111 applies when the bonafides of a transaction is in question, not when the real nature thereof is in question - 'Active Confidence' indicate that the relationship between the parties must be such that one is bound to protect the interests of the other - The factum of active..........
Evidence Act, 1872, Section 101 -- Burden of proof - General rule - Burden of proving the facts rests on the party who substantially asserts the affirmative issues and not the party who denies it - Rule not universal - There are exceptions thereto - Difficulties faced by party to the lis not determinative of the question as to upon whom burden of proof would lie...........
Evidence Act, 1872, Section 101, 102, 111 -- Burden & onus of proof - Fraud, undue influence or mis-representation - Burden of proof lies upon a person who has to prove a fact and it never shifts - Plaintiff fails to prove the existence of the fiduciary relationship or the position of active confidence held by the defendent, the burden would lie on him to prove fraud,..........
Evidence Act, 1872, Section 101 -- Burden of proof - When sufficient evidence is adduced to prove the corrupt practices, burden shifts on the returned candidate to rebut the same - Failure to do so will result in drawing adverse inference against him...........
Evidence Act, 1872, Section 102, 103 -- Mala fide - Burden of proof - Is on the person making the allegation - Such burden is very heavy - Malice cannot be inferred or assumed - Such a charge can easily be made than made out - Courts to examine it with extreme care, caution and circumspection - It has been rightly described as `the last refuge of a losing litigant'...........
