Evidence Act, 1872, Section 106 -- Burden of proof - A fact which is especially in the knowledge of any person then burden of proving that fact is upon him - It is impossible for prosecution to prove certain facts particularly within the knowledge of the accused. (2011(4) Criminal Court Cases 623 followed)...........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Execution - Proof - Initial burden discharged by promisee - Burden shifted to maker to prove that promissory note was not supported by valid consideration - Maker miserably failed to send reply to demand notice of plaintiff-promisee - Maker having denied his won documents and his own signatures found in..........
Evidence Act, 1872, Section 58 -- Admission - Made by a party though not conclusive, is a decisive factor in a case unless the other party successfully withdraws the same or proves it to be erroneous - Even if the admission is not conclusive it may operate as an estoppel - Law requires that an opportunity be given to the person who has made admission under..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Remand of case - Conditions for - Held, specific provisions have been made in the CPC empowering remand of a suit by appellate court for specific purposes under specific circumstances - There cannot be an arbitrary order of remand without satisfying conditions U.O.41.Rr.23, 23-A or 25 of CPC - Even when a party..........
Constitution of India, 1950, Article 14 -- Arbitrariness - Discrimination - Burden of proof - Held, Art.14 of Constitution guarantees equality before law and confers equal protection of law - There is prohibition relating to discrimination embraced within this Article - It does not forbid classification provided if such classification is legal, valid and reasonable -..........
Prevention of Corruption Act, 1988, Section 7,13,20 -- Illegal gratification - Presumption - Rebuttal - Burden rests on accused to displace the statutory presumption by direct or circumstantial evidence to establish with reasonable probability, that money was accepted other than as a motive or reward as referred to in S.7 of the Act - Court is required to consider the..........
Evidence Act, 1872, Section 11, 108 -- Murder - Plea of alibi - Burden of proof - Contention of accused that they were not present at place of occurrence - Burden is on accused to establish said fact since it was within their special knowledge...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Proof - Complainant/appellant is a student studying C.A. and there is no record to show that she is earning member - Defence raised by accused/respondent that complainant/appellant did not have necessary means for advancing loan - Held, initial burden is upon complainant to..........
Insurance Act, 1938, Section 45, Constitution of India, 1950, Article 226 -- Supervisory jurisdiction - Exercise of - Insurance Ombudsman when decides case contrary to statutory provision as well as binding precedents regarding burden of proof in matter of Insurance claims the same can be interfered with by High Court in exercise of jurisdiction under Article 226..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s.139 - Rebuttal of - Standard of proof - Held, when an accused has to rebut presumption u/s.139 of the Act, standard of proof for doing so is that of "Preponderance of probabilities" - If accused is able to raise a probable defence, which creates doubt about existence of a legally..........
