Evidence Act, 1872, Section 106 -- Doctrine of Res Ipsa Loquitor - Burden of proof - Burden shifts on to man who was in control of automobile to establish that accident did not happen on account of any negligence on his part...........
Civil Procedure Code, 1908, Order 14, Rule 1, Negotiable Instruments Act, 1881, Section 118 -- Promissory note - Passing of consideration - Burden of proof - Held, it will be on the part of defendant to show that the promissory note is not supported by consideration - According to the issue framed by trial court, it is for plaintiff to prove the passing of consideration,..........
Civil Procedure Code, 1908, Order 14, Rule 2, Limitation Act, 1963, Article 65 -- Adverse possession - Limitation - Framing of issue - Case of plaintiffs is that they are owners of suit plot - Defendants claimed that they are in possession of same and acquired title to it by adverse possession - Framing of issue of limitation - Held, since the suit based upon title is..........
Agreement to sell -- Suit for specific performance - Ready and willing - Suit filed within limitation - Plaintiff took upon himself the burden of pursuing the matter with the authorities for obtaining sale permission and Income Tax Clearance Certificate - The fact that plaintiff made several requests to defendant to file a proper affidavit, as requested by DDA, is another..........
Prevention of Corruption Act, 1988, Section 20 -- Illegal gratification - Presumption - Accused may succeed to disprove the presumption by such evidence which is acceptable by the test of preponderance of probabilities unlike the heavy burden on the prosecution to prove the offence beyond all reasonable doubts...........
Evidence Act, 1872, Section 106 -- Burden of proof - A fact which is especially in the knowledge of any person then burden of proving that fact is upon him - It is impossible for prosecution to prove certain facts particularly within the knowledge of the accused. (2011(4) Criminal Court Cases 623 followed)...........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Execution - Proof - Initial burden discharged by promisee - Burden shifted to maker to prove that promissory note was not supported by valid consideration - Maker miserably failed to send reply to demand notice of plaintiff-promisee - Maker having denied his won documents and his own signatures found in..........
Evidence Act, 1872, Section 58 -- Admission - Made by a party though not conclusive, is a decisive factor in a case unless the other party successfully withdraws the same or proves it to be erroneous - Even if the admission is not conclusive it may operate as an estoppel - Law requires that an opportunity be given to the person who has made admission under..........
Indian Penal Code, 1860, Section 109 -- Abetment - If prosecution proves that accused was present at the place of occurrence and had exhorted to shoot at the deceased and in case he wants the Court to reject the prosecution version as not probable then burden is on him to lead evidence that he was not at the spot and did not exhort to shoot at the deceased - In the instant..........
Civil Procedure Code, 1908, Order 5, Rule 1 -- Summons - Service - Purpose and object of service of any Court notice is that concerned person against whom other side wants to claim any relief and/or want them to make some payment, and/or have some rights which they want to execute, must be joined as a party - It is also necessary for Court to verify and confirm before..........
