Service -- Disability during service - Alternate post - Burden lies on Corporation not employee to establish that no suitable alternate post was available or could reasonably be created - Mere invocation of a medical certificate, or silence of a circular, cannot constitute compliance - Inaction is not neutrality, in such cases, it is a form of institutional exclusion...........
Will -- Registered - Proof - Burden lies on party who disputes its existence to establish that it was not executed in the manner as alleged or that there are suspicious circumstances which makes it doubtful...........
Indian Penal Code, 1860, Section 376, 354A, 354D, 509, 506, 324, 323, 141, 143, 147, 149, 452, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Settlement - Quashing of two FIRs - Both parties have categorically taken the stand that they have resolved their disputes amicably and are desirous of moving on with their lives - Complainant in second FIR is now..........
Will -- Registered - Carries a presumption of genuineness and burden of disproving it lies on the party alleging its validity - However, presumption is rebuttable but cannot be discarded on the basis of delay alone, especially when there is no statutory bar or limitation period governing registration of Wills...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 101 -- Dishonour of cheque - Unclaimed notice - Initial burden is upon complainant that notice was sent - Once that initial burden is discharged and in case drawer of cheque disputes the address shown on unclaimed notice then burden shifts to drawer of cheque to demonstrate that address shown..........
Family Courts Act, 1984, Section 14 -- Family Court - Evidence Act not strictly applicable to family court - However, S.14 of the Act does not dispense with burden of proof...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife is suffering from a medical condition and is simultaneously responsible for the care and upbringing of minor child born out of the wedlock - Physical, emotional, and financial responsibilities, coupled with the burden of single-handedly raising a child, particularly while managing one's own health..........
Foreigners Act, 1946, Section 9 -- Foreigner - Burden of proof - Burden of proof is on proceedee to prove that he is not a foreigner...........
Foreigners Act, 1946, Section 9 -- Foreigner - Burden of proof - Appellant traced his ancestry from one `J' by claiming him to be his grandfather - Documents of voter lists and School leaving certificates were produced by appellant which were discarded by Tribunal and High Court being not proved - It is not the case of appellant that any material/admissible evidence was..........
Andhra Pradesh Land Grabbing (Prohibition) Act, 1982, Section 10 -- Land grabbing - Burden of proof - Initial burden prima facie to prove ownership of land is on person who asserts it by way of an application alleging an act of land grabbing - On prima facie proof being offered onus will shift to land grabber, since there is a presumption arising if ownership of subject..........
