8 July 2024

Search Results for Tag : Burden of proof

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



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


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


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


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


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


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



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


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