Evidence Act, 1872, Section 102 -- Burden of proof - Suit for declaration of title - Plaintiffs are claiming right and title of suit property - Burden is on the plaintiffs to prove their right and title of suit property...........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for declaration of title - Burden is always on plaintiff to prove his title to seek a decree of declaration - Plaintiff has to establish not only his title, but also title of his vendors, particularly when it is in respect of item of immovable property...........
Evidence Act, 1872, Section 11, 102 -- Plea of alibi - Burden of proof - It is the burden of accused to prove with absolute certainty that presence of accused at the scene of crime at the time of occurrence was rather an impossibility - He has to adduce positive evidence to prove the plea of alibi and that opportunity arises only when prosecution discharges its burden to..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Complaint by company - Evidence of Power of attorney/PW1 - PW1 had given evidence as branch accountant of complainant company and not as Power of Attorney - Transaction was prior to appointment of PW1 in company - PW1 has no direct knowledge regarding transaction - When complainant limits the..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and injunction - Burden of proof - Title of plaintiff is proved on record by plaintiff - High Court referred to multiple piece of evidence, orders and documents and string them together to come to a clear conclusion that title subsists in plaintiff - High Court did not solely rely on lack of..........
Civil Procedure Code, 1908, Section 55, Order 21, Rule 37, 38 -- Execution - Arrest and detention of JD - DH did not place on record any evidence about existence of property in the name of JD - Executing Court wrongly placed burden on JDs to disprove version of DH - Conclusion arrived by Court below is not in accordance with law - Impugned order directing JD to pay entire..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - At the time of disposal of application for appointment of Commission the cause of action is not to be examined since burden of proof lies upon plaintiffs to prove their cause of action by evidence, which stage shall arise only, later...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Wrong framing of an issue and onus and burden placed on wrong shoulders - Evidence is led by parties which they wished to lead and matter was tried before Court of first instance with parties conscious of each other's case - All evidence is there on record sufficient to dispose of suit finally - In these..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Plaintiff led in evidence records of rights in an attempt to establish his title - Such records would not counter the proof of occupancy rights furnished by defendant - Plaintiff failed to produce a single document of title in respect of suit property - Burden of proof..........
Evidence Act, 1872, Section 101, 102 -- Burden of proof - Two senses of burden of proof are (i) Arising as a matter of pleading; (ii) who has first to prove a particular fact - First is called the `legal burden' and it never shifts and the second one shifts from one side to the other...........
