Evidence Act, 1872, Section 106 -- Murder - Case resting on circumstantial evidence - Long standing property dispute between accused and deceased - Testimony of prosecution witnesses consistent and compatible with each other - Accused last seen in the company of the deceased - Time gap between last seen circumstance and death was short - Burden of proof that accused parted..........
Industrial Disputes Act, 1947, Section 2(oo), 10(1) -- Termination - Burden of proof - It is petitioner/Workman who had asserted that his termination was not in accordance with law - The burden of proving the same had to be discharged by the petitioner/Workman by adducing his evidence at the first instance - It is only thereafter an opportunity had to be given to the..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance Act, 1938, Section 45 - Insurance claim - Repudiation - Suppression of material fact - Burden of proof - The onus to prove of suppression of material facts is on the insurer - The insured made a wrong statement while filling in the proposal form that he had suffered from Enteric Fever and that he was admitted in..........
Evidence Act, 1872, Section 114 -- Withholding an important document - Even if the burden of proof does not lie on a party, Court may draw an adverse inference if he withholds important documents in his possession which can throw light on the facts at issue...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Proof of injuries - Burden of proof - Initial burden is on the claimant to prove the nature of injuries and their severity - The insurance company is not expected to prove in the negative that claimant has not suffered the injuries as alleged by him - It is only after initial burden placed on claimant is..........
Will -- Proof - Will has to be proved by primary evidence except where Court permits it can be proved by leading secondary evidence - Since Will is required to be attested as such it cannot be used as evidence until one of the attesting witnesses alive and subject of process of Court is examined - It has also to satisfy requirements of S.63 of Succession Act - Burden to..........
Agreement to sell -- Specific performance - Defendant controverting the document to be a fabricating receipt and subsequently converting it into an agreement of sale - Burden of proof of agreement of sale does not shift upon defendant - Burden of proof still lies heavily on the plaintiff to establish the alleged transaction to be an agreement of sale...........
Motor Vehicles Act, 1988, Section 66(3) -- MACT claim - Compensation - Insurers liability - Burden of proof - Owner - cum - driver remained ex parte - Established that the vehicle was comprehensively insured with the insurer to cover the passenger risk - The burden to prove that it was not liable in spite of such a policy, shifted to the insurer - Not for the claimants to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Child - Denial of paternity - Proof and probative value of certificate issued by Registrar of Birth and Deaths - Birth certificate is admissible as a public document - No formal proof of it is necessary - Heavy burden rests on the opposite party to disprove the contents thereof - In the instant case there is no..........
Medical negligence -- Burden of proof - It is on the complainant - Unless this burden is successfully discharged a doctor cannot be held to be as negligence - Once the initial burden is satisfactorily and successfully discharged, it is for the doctor to rebut the allegation of negligence...........
