Civil Procedure Code, 1908, Order 9, Rule 13, Evidence Act, 1872, Section 101 -- Ex parte decree - Setting aside - Service of summons - Defendant denied service of summons - Burden to prove service of summons is on the person who asserts that defendant was served with summons - There is no proof of service of summons when merely certified copy of bailiff report is produced..........
Evidence Act, 1872, Section 101 -- Burden of proof - Suit for declaration - Relief claimed is of declaration of title - Burden therefore heavily is upon plaintiffs to establish that documents filed by them relate to suit property...........
Evidence Act, 1872, Section 101, 102 -- Burden of proof and onus of proof - Distinction - Legal burden never shifts, but onus of proof that is burden to introduce evidence shifts from side to side during course of trial...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, Civil Procedure Code, 1908, Order 18, Rule 3, Evidence Act, 1872, Section 101, 102 -- Issues - Where there are several issues, the burden of proving some of which lies on the other party, the party beginning may, at his option, either produce evidence on those issues or reserve it by way of answer to the evidence produced by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 35, 54, Evidence Act, 1872, Section 101, 102 -- Conscious possession - Burden of proof - Initial burden of proof lies on prosecution and once the same is discharged, burden shifts on accused - Once possession is established, Court can presume that accused had necessary culpable mental state and has committed..........
Evidence Act, 1872, Section 101, 102, Prevention of Money Laundering Act, 2003, Section 24 -- Burden of proof - Offence under PML Act - Shifting onus on accused affords him opportunity of establishing his innocence and clarify source of his property - Once offender is able to establish source of his property, then prosecution is required to discharge its burden - Hence,..........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Evidence Act, 1872, Section 101, 102 -- Criminal misconduct - Assets disproportionate to known source of income - Burden of proof - Primary burden to bring home charge of criminal misconduct is on prosecution - It is only on discharge of such burden by prosecution, if accused failed to satisfactorily account for..........
Evidence Act, 1872, Section 101, 102 -- Burden of proof - Ancestral property - Person pleading ancestral nucleus and source of purchase should prove the same...........
Evidence Act, 1872, Section 101, 102 -- Burden of proof - Dispute as to identification of property with reference to boundaries - Burden is on defendant to prove that property which plaintiff is claiming is different from property based on boundaries...........
Negotiable Instruments Act, 1881, Section 118, Evidence Act, 1872, Section 101, 102 -- Pronote - Burden of proof - Initial burden is always on plaintiff to prove execution of pronote - Once execution of pronote is proved by plaintiff then statutory presumption available u/s 118 of N.I.Act comes into operation in favour of plaintiff - Defendant may also dislodge statutory..........
