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...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff led evidence on those issues also the burden of proof of which was on the defendants - Since burden is on defendants in relation to certain issues, plaintiffs have every right to reserve their right to adduce evidence in rebuttal...........
Evidence Act, 1872, Section 106, Indian Penal Code, 1860, Section 302 -- If murder is committed inside a house, there would be a corresponding burden on the inmates of house to give a cogent explanation as to how the crime was committed in view of S.106 of Evidence Act...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - If an offence like murder is committed inside a house, initial burden to establish the case would undoubtedly be on the prosecution - But nature and quantity of evidence to be led by it to establish the charge cannot be of same degree as is required in other cases - Burden..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Burden of proof - Informant stated that deceased was badly assaulted before she was killed - Post-mortem report completely belies such statement as no external injury was found on any exposed part of body of deceased - Though there is no explanation about the circumstance..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 106 -- Murder of wife by husband - Last seen evidence - Burden of proof - Allegation that deceased died due to strangulation by accused - However, accused reached home after the death of his wife/deceased - There is no evidence to prove theory of last seen together - Prosecution has not discharged the burden..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Death by burning - Deceased died within seven years of her marriage inside matrimonial home - She was subjected to harassment and cruelty - Deceased suffered 100% burn injuries - No explanation given by accused for burning body of deceased for cremation in order to remove the evidence, which was already suffered..........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Defendant denied the execution of promissory note and plea taken that it was forged - Plaintiff discharged his burden by examining one of attestor in the pronote as PW2 and examining scribe of pronote as PW3 - Court compared the signatures on pronote with signature of defendant on suit summons and came to..........
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...........
