22 July 2024

Search Results for Tag : Burden

Notifications & Circulars

Reducing compliance burden regarding registration of Authorised Couriers(27.10.2021)

1.As part of reducing the compliance burden on stakeholders, the Central Board of Indirect Taxes and Customs has taken measures to simplify the regist.....

Tags : Compliance burden, Registration, Authorised Couriers


Blast from the Past

Not requiring wilful defaulters to snitch on themselves(25.01.1995)

Wilful default - alleging the debtor to have failed paying his or her debts despite the presence of funds - a last resort it may be for the lender, re.....

Tags : Willful default, burden of proof, means


International Cases

While an appeal to Court of Appeal is by way of rehearing, a trial judge’s findings of fact should not be overturned simply because Court of Appeal would have found them differently(05.12.2018)

Present appeal is about the burden of proof in actions against a shipowner for loss of or damage to cargo. The six claimants were the owners and bill .....

Tags : Consignment, Damage to cargo, Burden of proof



SC: Once Accused Makes Plausible Defence, Burden is on Prosecution to Negate it(29.07.2020)

Supreme Court has held that once a plausible version has been put forth by the defence at the examination stage of Section 313 of the Code of Criminal.....

Tags : Supreme Court, Burden on Prosecution


Delhi HC: Burden of Proof Lies on Accused When Last Seen Together With Deceased(20.09.2022)

Delhi High Court has held that in a case where the accused is last seen together with the deceased, the prosecution is exempted to prove exact happeni.....

Tags : Delhi High Court, Last Seen, Burden of Proof


Kerala High Court Upholds Constitutionality of Reverse Burden of Proof Under POCSO Act(12.11.2020)

Kerala High Court has upheld the constitutional validity of Sections 29 and 30 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act.....

Tags : Kerala High Court, Reverse Burden of Proof


#Union Budget 2021-2022: Union Government Proposes to Ease Compliance Burden for Filing ITR(01.02.2021)

Union Government has proposed to reduce compliance burden on people above 75 years, who get pension and earn interest from deposits, from filing of In.....

Tags : Union Government, Union Budget, Compliance Burden


SC: Burden Upon Defence to Prove Mental Incapacity of Accused(03.01.2023)

Supreme Court while upholding conviction of man accused of killing his two sons, has held that where the accused is charged of murder, the burden to p.....

Tags : Supreme Court, Mental Incapacity, Burden


SC: Burden to Prove Secured Properties Are Agricultural Lands is Upon Borrower(06.01.2023)

Supreme Court has held that in proceedings under SARFAESI Act, burden is upon the borrower to prove that the secured properties are agricultural lands.....

Tags : Supreme Court, SARFAESI, Borrower, Burden


Kerala HC: Party Contesting That Land Was Voluntarily Surrendered Has Burden to Establish The Same(28.10.2022)

Kerala High Court has held that if Panchayat/ Municipality or any contesting party takes a stand that land was voluntary surrendered, the burden would.....

Tags : Kerala High Court, Surrender, Burden


SC: Burden of Proof to Show Cheque Not Issued for Discharge of Any Debt on Accused(11.03.2021)

Supreme Court has reaffirmed that under the Negotiable Instruments Act (NI Act), 1881 the burden of proof is on the accused to show that a cheque was .....

Tags : Supreme Court, Burden of Proof


All. HC: Burden on Disciplinary Authority to Prove Employee's Willful Absence from Service(18.07.2023)

Allahabad High Court while observing that absence from duty without prior permission may amount to unauthorized absence, but it doesn’t always mean wi.....

Tags : Allahabad High Court, Willful Absence, Service, Burden


Supreme Court Clarifies Burden of Proof Ordinarily Rests on Those who Attack Deed(19.09.2019)

Supreme Court has clarified that the burden of proof rests ordinarily on those who attack the deed.

Tags : Supreme Court, Burden of Proof


SC: In Disciplinary Proceeding, Question of Burden of Proof Would Depend Upon Nature of Charge(28.08.2023)

Supreme Court has held that in a disciplinary proceeding, the question of burden of proof would depend upon the nature of the charge and the nature of.....

Tags : Supreme Court, Disciplinary Proceeding, Burden of Proof


SC: Merely Pointing Out the Lacunae in the Defendant’s Title Would Not Suffice in a Title Suit(22.11.2023)

Supreme Court while observing that in a dispute with respect to determination of title, merely pointing out the lacunae in the defendant’s title would.....

Tags : Supreme Court, Title, Burden of Proof



Public servant facing charge of criminal misconduct is not liable to furnish any explanation in absence of proof of the allegation(09.08.2017)

Appellant seeks to overturn judgment rendered by High Court thereby affirming his conviction passed by Trial Court under Section 13(1)(e) read with Se.....

Tags : Conviction, Legality, Proof, Burden


Burden of proving that, victim is not a bona fide passenger lies on Railways(19.12.2017)

In facts of present case, according to Appellant, the deceased used to travel in train by purchasing II class ticket and that they came to know from t.....

Tags : Bona fide, Burden of proof, Compensation


SC: Failure of Accused to Discharge Burden Not Relevant in Case Governed by Circumstantial Evidence(16.09.2021)

Supreme Court has observed that the failure of accused to discharge burden under Section 106 of the Evidence Act, 1872 is not relevant in a case gover.....

Tags : Supreme Court, Failure of Accused to Discharge Burden


SC: Burden Is On Employee To Prove He Was Not Gainfully Employed After Dismissal(27.09.2021)

Supreme Court has observed that whether an employee has been able to discharge the burden that he was not gainfully employed after order of compulsory.....

Tags : Supreme Court, Burden to Prove Gainful Employment


Gauhati HC: Can’t Shift Burden of Proof on Accused if Multiple Witnesses of Crime Present(28.02.2024)

Gauhati High Court has held that when the offence was allegedly committed in daylight in the presence of witnesses then by applying the provisions of .....

Tags : Gauhati High Court, Burden of Proof, Multiple Witnesses


Gauhati High Court: Burden of Proving Citizenship is on Person Making Claim(25.02.2020)

Gauhati High Court has dismissed a Writ Petition challenging the order of a Foreigners Tribunal declaring a person to be a foreigner by observing that.....

Tags : Gauhati High Court, Burden of Proving Citizenship


SC: Burden to Prove Full Repayment of Borrowed Amount is On The Party Claiming It(17.12.2021)

Supreme Court has held that when payment of money and repayment of a portion of it is admitted by a party, then the onus to establish that there was f.....

Tags : Supreme Court, Burden to Prove Full Repayment of Borrowed Amount


Supreme Court: Burden to Prove that Insured Suppressed Material Facts is Upon the Insurer(15.04.2024)

Supreme Court has held that if the insurance company repudiates the insurance claim on the ground that the insured had suppressed other policies taken.....

Tags : Supreme Court, Insurance Company, Burden to Prove


Court cannot draw adverse inference against accused by invoking Section 106 of Evidence Act unless basic burden to prove the case is discharged by prosecution(15.01.2018)

The Appellant has assailed the judgment of conviction awarded by the Sessions Judge, for the offence punishable under Section 302 of the Indian Penal .....

Tags : Conviction, Validity, Burden, Discharge


Once the prosecution had successfully established the chain of events, the burden is on the accused to prove it otherwise(20.05.2022)

Present appeals are directed against the judgment and order passed by the High Court. The High Court vide order impugned acquitted the daughter of th.....

Tags : Conviction, Legality, Burden of proof


No duty of Defendant to disprove Plaintiff’s unsubstantiated case(09.09.2015)

Plaintiff asserting illegal and in-operative deed for sale of land must prove as such and establish its own right, interest and possession over the la.....

Tags : Sale of land, burden of proof, plaintiff