Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9(2), (3) -- Plea of juvenility - Burden of proof - When claim of juvenility is raised, burden is on the person raising claim to satisfy Court, to discharge initial burden and documents mentioned in R.12(3)(a)(i), (ii), (iii) of JJ Rule 2007 made under JJ Act 2000 or S.94(2) of JJ Act shall be sufficient..........
Constitution of India, 1950, Article 226, Companies Act, 2013, Section 212, 219 -- Stay of operation of order of investigation into affairs of company - It cannot be said that Union Government had not indicated reasons for exercise of its jurisdiction u/ss 212 and 219 of Companies Act - Since Union Government was only ordering an investigation and it would be inappropriate..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To elucidate how much and in what manner defendants have occupied suit land - Suit for permanent prohibitory injunction - Burden of proof was upon plaintiff to establish his case to make sure about his boundary - Plaintiff should have obtained a demarcation from revenue authority to..........
Indian Penal Code, 1860, Section 302, 201, 34, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - Deceased was strangulated to death by accused and an attempt was further made to conceal his identity by pouring acid over the body - Medical evidence shows that deceased was assaulted by two or more persons and that injuries were homicidal in nature - Landlord of..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - To be confined only to those issues burden of which was upon the other party - In the instant case burden of proof on issue No.2 only was upon defendant - Trial Court order that affidavit filed in rebuttal by plaintiff be confined to the extent of issue No.2 only - Plaintiff in the garb of rebuttal..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Forged and fabricated Will - Accused filed civil suit for permanent injunction claiming relief of the basis of Will - In such suit burden will be on plaintiff to prove genuineness of Will to claim the relief - However, that does not prevent defendant/complainant to initiate criminal proceedings on the..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Damage to property due to riots or use of violent means - Repudiation of claim on basis of exclusion clause in policy regarding loss or damage caused by acts of terrorism - Insurance company failed to discharge the burden of bringing the case within four corners of exclusion clause - Insurance company is bound..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by wife - Husband had put entire burden on wife to manage house, her job and to look after children - He did not take any responsibility and continuously abused wife and insulted her family members - Parties have been married for nearly 24 years, but they have not spent major part together as..........
Evidence Act, 1872, Section 101 -- Burden of proof - Suit for declaration of title - Burden of proof in a suit for declaration of title is upon plaintiff and this burden never shifts to defendant till plaintiff discharges his burden...........
Evidence Act, 1872, Section 101, 102, 103 -- Suit for declaration of title - Burden of proof - Entire burden in a suit for declaration of title is upon plaintiff - Once plaintiff fails to discharge said burden, howsoever bad is the defence of defendants, that will not come to the aid of plaintiff...........
