Saturday, September 19, 2020

Burden of Proof- Civil Suit..

....... Burden of Proof................. Civil Suit...... basic ... Requirement....
                                        

- Basically burden of  proof lies on that person who would fail if no evidence at all were given on either side.

- Burden of proof lies on the person whoever desires any court to give judgement as to any legal right or liability dependent on the existence of facts which he asserts , must prove that those facts exists.

- Burden of proof as to any particular fact lies on that person who wishes the court to believe in its existence , unless it is provided by any law that the proof that fact shall lie on any particular person.

- Burden of proof of relationship is on the person who affirms it.

= = = = = = Relevant Provision = = = = =

- Section 101, 102, 103, 109 of The Indian Evidence Act 1872.

.......... Relevant Judgement .........................

- Chairman Board of Trust Sri Ram Mandir Jagtil Karimnagar District , A.P. v/s S. Rajya laxmi (D) & Ors 2019 SAR 188.

- Ali Hussain (D) Thr Lrs v/s Rabiya & Ors 2019 SAR 1058.

- Jagdish Prasad Pate v/s Shivnath & Ors 2019 SAR 765.

- Rathnamma & others v/s Sujathamma & others 2020 Mh.L.J.36.

- Rangammal v/s Kuppuswami 2011 SAR 712 = A.I.R.2011 S.C.2344.

- Subhra Mukherjee v/s Bharat Cocking Coal Ltd A.I.R.2000 S.C. 1203.

- Krushna Mohan Kul v/s Pratima Maity A.I.R.2003 S.C.760.

...... Please peruse/read previous BLOGS.......








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