Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Partition suit - Prior partition of suit land by metes and bounds alleged by defendant - Burden is on defendant to prove prior partition - Defendant rightly directed to begin first...........
Protection of Children from Sexual Offences Act, 2012, Section 29 -- Presumption against accused u/s 29 of the Act is a rebuttable presumption - Reverse burden as also statutory presumptions can be raised in several statues - Court below thus formed a wrong opinion that S.29 of the Act is unconstitutional...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stop payment - Burden of proving that cheque had not been issued for any debt or liability is on accused and that stop payment has not been asked because of insufficiency of funds...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Once a cheque is issued for discharge of any debt or liability it shall be presumed that it was issued by drawee - Burden is upon accused to disprove that it was not issued by him...........
Hindu Law -- Joint family property - Alienation - Legal necessity - It is a mixed question of law and facts - Burden of proving such legal necessity is upon purchaser and his predecessor...........
Indian Penal Code, 1860, Section 409 -- Criminal breach of trust - Nothing was produced by accused in his defence before Court either by leading his evidence or in his statement u/s 313 Cr.P.C. - When once accused fails to prove his defence after burden shifted upon him, then he has to be convicted for the offence u/s 409 IPC - Accused convicted...........
Indian Penal Code, 1860, Section 326 -- Grievous hurt - Plea that accused is mentally challenged person - Said plea neither taken during trial nor before appellate Court - Burden of proving this fact lies on accused - Plea directly raised before High Court is not acceptable, particularly, when revision against conviction is preferred by accused himself and not through next..........
Mohammedan law -- Oral gift - Burden of proof is on the person who accepted the gift from donor and donor divested himself from right, title and interest of property included in the gift and said act must be proved by witnesses - Delivery of possession to the person accepting the gift must also be proved by witnesses...........
Will -- Execution - Suspicious circumstances - Burden of proof - Once execution and attestation is proved as per law, burden shifts to other side to prove suspicious circumstances...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 24, 106 -- Murder of wife by husband - Extra-judicial confession - Burden of proof - In the instant case, incident took place in house of accused and admittedly victim is residing with him before her death - Therefore, it is duty of accused to show special knowledge and unless it is explained how deceased..........
