Will -- Execution - When there is no dispute with respect to signature of testator on Will, question of proof of execution does not arise, excepting that burden is on propounder of Will that suspicious circumstances have to be cleared...........
Evidence Act, 1872, Section 102 -- Burden of proof - Criminal trial - Burden is on prosecution to prove its case and law does not cast any burden on accused except when accused invokes any exceptions to criminal liability covered by S.105 of Evidence Act - Burden so placed on defence is lower then burden placed on prosecution - It is only when prosecution has led evidence,..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent prohibitory and mandatory injunction - Restraining defendant from constructing a latrine and to raise a retaining wall on suit property - However, suit land was not demarcated by plaintiff before filing the suit - She was not even aware of Khasra no of suit property - Moreover, plaintiff failed to produce any material..........
Industrial Disputes Act, Section 33(2)(b) -- Dismissal from service - Application for approval of order - Fatal accident - Collision between bus and car - Report of enquiry officer shows that respondent was driving the bus at very high speed in rash and negligent manner resulting in death of five persons on the spot and four persons in hospital besides injuries to nine..........
Evidence Act, 1872, Section 101, 102, 114 -- Burden of proof - Encroachment upon land of plaintiff by defendant - Burden to prove the fact that defendant encroached upon suit land was on plaintiff - It was not for the defendant to prove that he has not encroached upon the land of plaintiff - Defendant was not required to lead negative evidence - If plaintiff failed to..........
Central Excise Act, 1944, Section 11B, 12A, 12B -- Paying of duty - Claim for refund - Unjust enrichment - Assessee who did not bear burden of duty though entitled to claim deduction but not entitled for refund as he would be unjustly enriched...........
Central Excise Act, 1944, Section 11B(2) -- Proviso Cl.(e) - Excise duty - Identification of person who borne the duty - It might be difficult to identify who had actually borne the burden but such verification would definitely assist the Revenue in finding out whether the manufacturer or buyer who makes an application for refund are being unjustly enriched - However, if..........
Evidence Act, 1872, Section 106 -- A person in possession of best evidence has to place it on record, irrespective of onus or burden of proof...........
Transfer of Property Act, 1882, Section 130 -- Assignment of contract - There can only be an assignment of rights arising under a contract but not the burden of a contract...........
Transfer of Property Act, 1882, Section 130 -- Assignment - Two arbitration agreements - Agreement-I is a bi-party agreement between an Indian company and American company - Whereas, Agreement-II is a tri-parte agreement between three companies viz, two Indian companies and one American company - Agreement-II recognizes transfer of rights of original contract i.e American..........
