Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Execution - Proof - Burden rests upon plaintiff to prove promissory note in all respects - Evaluation of possibilities for the defendant to borrow the amount, or his necessities do not have any role to play in this regard...........
Indian Penal Code, 1860, Section 364, 302, 34, Evidence Act, 1872, Section 106 -- Abduction and murder - One of the accused dragged victim and while doing so called another accused to bring a lathi to kill the victim - Conviction u/s 364 IPC is justified - What transpired thereafter? - Prosecution proceeded on footing that there were eye witnesses to the fact of murder -..........
Alibi -- Plea of - It is for the accused to establish his plea of alibi - Burden of proof on accused is not as strict as on the prosecution witnesses - It is by even preponderance of probability that the accused could establish his presence or absence...........
Industrial Disputes Act, 1947, Section 25F -- Retrenchment - Continuous service of 240 days - Burden of proof - Fact that workmen completed 240 days of service have to be initially proved by workmen...........
Will -- Execution - Proof - Propounder has to show that the Will was signed by the testator and that he put his signatures to the testament of his own free will and that at the relevant time he was in a sound disposing state of mind and understood the nature and effect of the dispositions and that the testator signed in the presence of two witnesses and attested it in his..........
Indian Penal Code, 1860, Section 376 -- Rape - Consent - Burden of Proof - Question of consent is a matter of defence and it was for defence to show there was consent - No plea of consent taken up at the time of statement u/s 313 Cr.P.C. - Case of defence was of total denial and false implication - Burden of proof to show that there was consent is on prosecution...........
Industrial Disputes Act, 1947, Section 25F -- Retrenchment - Burden of proof - It was on the respondent-workman to show that he had worked for 240 days in preceding 12 months prior to his alleged retrenchment - In terms of Section 25-F of the Act, an order retrenching a workman would not be effective unless the condition precedent therefor are satisfied...........
Benami Transactions (Prohibition) Act, 1988, Section 2, 3 -- Benami - Burden to prove - Lies on the person who alleges the transaction to be benami - The essence of a benami transaction is the intention of the party or parties concerned and often, such intention is shrouded in a thick veil which cannot be easily pierced through - Such difficulties do not relieve the person..........
Departmental proceedings -- Termination - Criminal proceedings - Effect of - Embezzlement of funds - Criminal court exonerated but disciplinary authority terminated the service pursuant a disciplinary enquiry - Held that in a disciplinary inquiry a conclusion different from that arrived at by a criminal court, may be arrived at - The strict burden of proof required to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Provision is made under Chapter IX of the Code - Burden of proof is not so strict under Chapter IX of Cr.P.C. so as to prove the allegations beyond reasonable doubt - Court has only to consider overall circumstances on the basis of the evidence brought on record...........
