Evidence Act, 1872, Section 101, 102 -- Burden of proof and onus of proof - Burden of proof lies upon a person who has to prove the fact and which never shifts - Onus of proof shifts - Such a shifting of onus is a continuous process in the evaluation of evidence...........
Evidence Act, 1872, Section 101, 102 -- Suit for possession based on title - Once plaintiff is able to create a high degree of probability so as to shift the onus on the defendant it is for the defendant to discharge his onus and in the absence thereof, the burden of proof lying on plaintiff shall be held to have been discharged so as to amount to proof of the plaintiff's..........
Hindu Marriage Act, 1955, Section 13(1)(iii), Evidence Act, 1872, Section 102 -- Divorce - Mental disorder of wife - Burden of proof - Burden is on husband to establish either that wife was incurably of unsound mind or that she had been afflicted by such a medical condition as may be described as a continuous or intermittent mental disorder of a kind in which husband may..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband was able to prove that false FIR was registered by wife against him and his family members and ultimately there was acquittal in the criminal case - Family Court after considering the evidence of husband, AW-2, AW-3 and the judgment of acquittal rightly decided the issue of..........
Evidence Act, 1872, Section 58 -- Pleadings - Admission of pleadings - Onus of proving it is discharged...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused not led defence evidence - His statement u/s 313 Cr.P.C. cannot be read as evidence for the purpose of rebutting presumption - Merely pleading not guilty would not suffice to rebut the presumption...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Consideration of proceedings cannot be deferred to a stage after evidence has been led in the main case...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Evidence - Parties can always lead evidence along with application or objections as the case may be for the purposes of S.24 of the Act...........
Power of Attorney Act, 1882, Section 2, Rajasthan Public Trust Act, 1959, Section 2(17), 2(18) -- Power of attorney holder of Trust who was Manager of Trust - As per provisions of Ss.2(17) and 2(18) of Act of 1959, Manager of a Trust holds the capacity of a Trustee - He can lead evidence on behalf of Trust...........
Evidence Act, 1872, Section 32 -- Multiple dying declarations - If any inconsistencies/contradictions are found in the dying declarations, then dying declaration recorded before Magistrate or like higher officer is to be relied on subject to the indispensable qualities of truthfulness and being free of suspicion...........