Evidence Act, 1872, Section 102 -- Burden of proof - Suit for possession based on title - Title of plaintiff not specifically denied - As defendant claimed adverse possession as such burden has shifted to defendant to prove their adverse possession...........
Evidence Act, 1872, Section 102 -- Burden of proof - In civil cases, rival contentions and rival evidence has to be considered, assessed, evaluated and weighed to conclude whether burden on plaintiff has been discharged...........
Evidence Act, 1872, Section 108 -- Presumption of death - Missing person - If an individual does not wish to rely on the presumption as provided u/s 108 of Evidence Act he is well within his/her right to prove by cogent evidence that the date and time of death is prior to seven years - If an issue arises as to date or time of death the same shall have to be determined on..........
Indian Penal Code, 1860, Section 364, 302, 34 -- Kidnapping and murder - Post mortem report indicates that death of deceased was unnatural and commission of murder cannot be ruled out - But there is no direct evidence on record to prove the commission of murder by appellants - Link of causation between appellants and alleged offence is conspicuously missing -..........
Hindu Marriage Act, 1955, Section 13(1)(iii), Evidence Act, 1872, Section 102 -- Divorce - Mental disorder of wife - Burden of proof - Burden is on husband to establish either that wife was incurably of unsound mind or that she had been afflicted by such a medical condition as may be described as a continuous or intermittent mental disorder of a kind in which husband may..........
Evidence Act, 1872, Section 101 -- Will - Burden of proof to prove Will is on propounder of Will...........
Evidence Act, 1872, Section 101 -- Burden of proof - Recovery suit - Agricultural loan - Execution of relevant documents before plaintiff bank and also availing of loan amount and creation of equitable mortgage is not at all disputed by defendant - However, defendant in his defence stated that he deposited certain part payment but bank has not given any receipt to that..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment to advocate Commissioner - Suit for declaration of right and title over suit property and injunction - Burden of proof is always on plaintiff to establish his lawful title and possession over suit property - So the question of localization of suit property and noting down the physical features of property by..........
Railways Act, 1989, Section 124A, Railway Claims Tribunal Act, 1987, Section 16 -- Accident - Bona fide passenger - Compensation - Initial burden that deceased was travelling on the train and his death was caused by fall during the course of his travel was discharged by appellant - Burden of proof then shifted to Railways which has not been discharged by them - Presumption..........
Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 102 -- Suit for declaration of title - Burden of proof - Burden always lies on plaintiff to make out and establish a clear case for granting such a declaration and weaknesses, if any, of the case set up by defendant would not be a ground to grant relief to plaintiff...........
