Evidence Act, 1872, Section 101 -- Burden of proof - Joint family property - Initial burden lies upon member who alleges that property is joint family property - If initial burden is proved, burden shifts to member of joint family setting up claim that it is his/her personal property...........
Evidence Act, 1872, Section 101, 102 -- Ancestral property - Sale of property - Onus to prove - Is on alienee to show that sale was for legal necessity...........
Hindu Marriage Act, 1955, Section 12, Evidence Act, 1872, Section 101, 102 -- Annulment of marriage - Suppression of mental illness of wife - Burden of proof - It is on the wife that her mental illness was disclosed to husband and with that knowledge he agreed for alliance and thereafter he condoned the same and started residing with wife as husband and wife...........
Evidence Act, 1872, Section 101, 102, 114 -- Burden of proof - Encroachment upon land of plaintiff by defendant - Burden to prove the fact that defendant encroached upon suit land was on plaintiff - It was not for the defendant to prove that he has not encroached upon the land of plaintiff - Defendant was not required to lead negative evidence - If plaintiff failed to..........
Evidence Act, 1872, Section 101, 102 -- Registered sale deed - Presumption is that it was validly executed - Onus of proof is on those who want to off set the said presumption...........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 101 -- Rape - Burden of proof - Onus is always on prosecution to prove, affirmatively each ingredient of offence it seeks to establish and such onus never shifts - Prosecution case has to stand on its own legs - Unless the offence of accused is established beyond reasonable doubt on the basis of legal..........
Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 101 -- Plaintiff seeking declaration that she is entitled to be paid as per Early Retirement Scheme - Defendant instead of terminating services under coercion forced plaintiff to sign document and considering it as resignation - Failure of plaintiff to adduce evidence showing how ERS Scheme shall be..........
Evidence Act, 1872, Section 101, 103, Specific Relief Act, 1963, Section 19(b) -- Suit for specific performance - Subsequent purchaser - Plea of purchase in good faith and without notice of previous agreement - Onus to prove - Onus of proof of good faith is on the purchaser who takes the plea that he is an innocent purchaser - Good faith is a question of fact to be..........
Evidence Act, 1872, Section 101, 103 -- Onus to prove - Lies on the person who alleges a fact...........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14, Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 101 -- Eviction - Execution proceedings - Frivolous objections - Landlord sought eviction on grounds of no, payment of rent and subletting - Petitioner was inducted as sub-tenant by respondent Nos.2 and 3 - Neither any detail inquiry was required to be held nor..........
