Evidence Act, 1872, Section 101 -- Burden of proof - When no evidence is led on the question in dispute by the party on whom burden lies to prove certain facts then it must fail...........
Evidence Act, 1872, Section 101 -- Burden of proof - Concept of - The burden of proof lies on the party who substantially asserts in affirmative of the issue and not upon the party who denies it - The party on whom onus of proof lies must, in order to succeed, establish a prima facie case - He cannot, on failure to do so, take advantage of the weakness of his adversary's..........
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100, 101, 102 -- Private defence - Not necessary for accused to plead in so many words that he acted in self-defence - If the circumstances show that the right of private defence was legitimately exercised, it is open to the Court to consider such a plea - Burden of proof is on the accused - Accused can proved either by..........
Indian Penal Code, 1860, Section 84 -- Unsoundness of mind - Every person, who is mentally diseased, is not ipso facto exempted from criminal responsibility - A distinction is to be made between legal insanity and medical insanity - Court is concerned with legal insanity, and not with medical insanity - Burden of proof rests on an accused to prove his insanity and is not..........
Indian Penal Code, 1860, Section 302 -- Death under unnatural circumstances - Burden of proof - Death in unnatural circumstances in bed room which was occupied only by deceased and her husband - Law requires the husband to offer an explanation in this behalf - However, this depends upon facts and circumstances of each case - Absence of any explanation by husband would lead..........
Evidence Act, 1872, Section 68, Succession Act, 1925, Section 63 -- Will - Burden of Proof, (i) Propounder of the Will has to prove that the Will has been validly executed and is a genuine document, (ii) Propounder to prove that the testator has signed the Will and that he had put his signature out of his own free will having sound disposition of mind and understood the..........
Benami Transactions (Prohibition) Act, 1988, Section 3, 4 -- Benami transaction - Burden of proof - Lies on the person who alleges the transaction to be benami...........
Constitution of India, 1950, Article 245, 246, 254 -- Challenge to validity of statute - Burden of proof - On the person who challenges it - Presumption always in favour of constitutionality - Presumed that legislature understands and appreciates the need of people and discriminaton if any is based on adequate grounds and considerations...........
Industrial Disputes Act, 1947, Section 2(oo),25F -- Termination - Continuous service - Burden of proof - Petitioner-workman has not made an averment to the effect that he had worked for 240 days continuously with respondent, in the year preceding the date of his termination - No evidence was led by the petitioner before the Labour Court to prove the said fact, much less..........
Evidence Act, 1872, Section 101, 102 -- Burden of proof - Joint Hindu Family property - Property cannot be presumed to be Joint Family property merely because of existence of Joint Hindu Family - One who asserts this fact, has to prove that the property is Joint Family Property - If person so asserting proves that there was nucleus with which the joint family property..........
