Evidence Act, 1872, Section 101, 102 -- Civil matters - Preponderance of evidence - Held, Civil matters are decided on preponderance of evidence and the onus of an issue, be it initially placed on one party or the other, keeps on shifting during trial...........
Evidence Act, 1872, Section 101 -- Eviction petition - Burden of proof - Tenant's plea that partnership business was running in shop with consent of landlady - Held, burden lay upon tenant to establish claimed fact - Burden wrongly shifted on landlady for not admitting fact in plaint that any partnership business was started by the defendants with her consent...........
Evidence Act, 1872, Section 101 -- Burden of proof - Misplacing burden of proof - Vitiates judgment - Burden of proof is not of much consequence when both parties lay evidence - While appreciating the question of burden of proof, misplacing of burden of proof on a particular party and recording findings in a particular way definitely vitiates the judgment...........
Evidence Act, 1872, Section 101 -- Burden of proof - Always lies upon the person who asserts - Until such burden is discharged, the other party is not required to be called upon to prove his case...........
Evidence Act, 1872, Section 101 -- Burden of proof - Sale deed alleged to be sham and bogus transaction - Party which makes allegation must prove it - However when question before Court is 'Whether transaction in question was a bona fide and genuine one' then it is plaintiff who relies on the transaction had to first prove its genuineness and only thereafter defendant is..........
Evidence Act, 1872, Section 101 -- Plaintiff has to establish its case on the basis of materials available and it cannot rely on the weakness or absence of defence to discharge onus...........
Hindu Minority and Guardianship Act, 1956, Section 8, Evidence Act, 1872, Section 101, Transfer of Property Act, 1882, Section 54 -- Sale of minor's property - When a person after attaining majority, questions any sale of his property by his guardian during his minority, the burden lies on the person who upholds/asserts the purchase not only to show that the guardian had..........
Civil Procedure Code, 1908, Order 21, Rule 101 -- Execution - Ejectment decree - Resistance by sub-lessee - Sub lessee also filed proceedings under Rent Act for being declared direct tenant of D.H. - Decree holder filing application for police help - Sub lessee filed application U.O.21.R.101 for declaration of his rights and title - High Court directed that applications be..........
Evidence Act, 1872, Section 101 -- Burden of proof - Lies on the party who substantially asserts it and not on the party who denies it...........
Evidence Act, 1872, Section 101, 102 -- Burden of proof - Suspicion no matter how strong cannot and should not be permitted to take the place of proof...........
