Bharatiya Sakshya Adhiniyam, 2023, Section 109 -- Burden of proof - If party with special knowledge fails to provide sufficient evidence, Court may draw an adverse inference against them...........
Bharatiya Sakshya Adhiniyam, 2023, Section 109 -- Burden of proof - Maintenance proceedings - Income - Respondent is bound to disprove his alleged income - If he fails or refuses to furnish germane evidence/details regarding it, which is within his special knowledge then a valid presumption may lie against him...........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Presumption - Plaintiff discharged his initial burden by examining scribe of promissory notes, as there are no attestors to promissory notes - Evidence of scribe well supports the case of plaintiff - To rebut the evidence of plaintiff, defendant except examining herself did not produce any evidence -..........
Hindu Succession Act, 1956, Section 15 -- Property of Hindu female dying intestate - Property purchased in the name of deceased/Hindu female - In the absence of any deed of gift or Will, estate of deceased would have to devolve in terms of S.15 of the Act - Defendant failed to discharge the initial burden of proof to show that property was gifted to him - Preliminary..........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for possession - In a suit for possession, burden of proof lies on plaintiff...........
Partition suit -- Plaintiff claimed that his mother had married to defendant no.1 and he was born out of said wedlock - However, plaintiff was not able to establish that there were any matrimonial relations between defendant no.1 and his mother - Moreover, evidence on record shows that mother of plaintiff remarried after she was abandoned by defendant no.1 - Factum of..........
Right of pre-emption -- Plaintiffs filed suit for possession by way of pre-emption claiming superior rights of tenancy over the land under defendant no.2 - However, plaintiff failed to discharge the burden of proof of tenancy - It was the plaintiffs who were to prove their case by way of leading cogent evidence, instead of relying upon weaknesses of defendant - Suit..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for declaration of title and injunction - Defendant seeking appointment of Local Commissioner - No dispute with respect to identity of property - Burden of proof is on plaintiff in such a suit to prove with cogent evidence that he is owner of property - No necessity for defendant to take upon himself..........
Prevention of Corruption Act, 1988, Section 7, 13 -- Illegal gratification - Accused accepted the receipt of amount of Rs.20,000, however, stated that said amount was towards loan that was asked by accused and complainant agreed to provide said loan - Reason for which loan was sought is not explained - No promissory note was executed nor any receipt - Answer given to DSP..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband after having left his service, failed to take responsibility of the family and wife was left to not only suffer the financial burden, but had to struggle to take care of the children and the household responsibilities - Such neglect of husband without any reason, clearly..........
