Consumer Protection Act, 1986, Section 2(1)(f), 2(1)(r), 14(1)(d) -- Motor cycle - Manufacturing defect - Unfair trade practice - Burden of proof - Complainant has proved that he had taken vehicle for nine times within warranty period to the OPs service station with the complaint of noise in the machine and less average which get support from the job card of the OPs -..........
Evidence Act, 1872, Section 110 -- Person in possession - Presumption of title is in his favour - Burden of proof that he is not the owner lies on the person who so asserts...........
Civil Procedure Code, 1908, Section 11 -- Interrogatories - Must be such that it does not result in shifting the burden or onus of proof on the respective issues - The procedure U.O.11 CPC cannot be treated as a substitute for discharge of burden of proof in a suit by the concerned party...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Ceased to occupy - Landlord stating on oath that tenant has ceased to occupy tenanted shop and doing no business therein - Landlord discharges its burden of proof - Onus then shifts on tenant to prove that he is still doing business therein by producing accounts book, sales tax registration, income tax..........
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102, 103, 104, 105 -- Right of private defence - Burden of proof is on the accused but is not as onerous as that lies on the prosecution - Accused may discharge the onus by showing preponderance of probabilities...........
Evidence Act, 1872, Section 101103 -- Burden of proof - Failure to discharge - Effect of - None of the defendants stepped into the witness-box to controvert the testimony of plaintiff - Plea that adverse inference is to be drawn against them - Held, when plaintiff failed to discharge initial onus there was hardly any need for defendants to have adduced evidence to rebut..........
Insurance claim -- Suppression of material facts - Burden of proof - The onus probandi in cases of fraudulent suppression of material facts rest heavily on party alleging fraud namely the insurer - Case law discussed...........
Indian Penal Code, 1860, Section 84 -- Insanity - Accused can discharge his burden of proof by preponderance of probabilities - Court is to see after due consideration of evidence if accused is entitled to acquittal or liable for lesser offence...........
Evidence Act, 1872, Section 101, 102, 103 -- Burden of proof - Categorical denial of existence of contract - It is for the appellant to prove its existence as averred...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife in the house - Accused and deceased alone in the house at the time of occurrence - Held, undoubtedly when any fact is specially within the knowledge of any person, burden of proving that fact is upon him - But for applicability of this principle, husband must be the only person with the..........
