Burden of proof as regards the benami nature of transaction was also on the respondent. This aspect of the matter has been considered by this Court in Valliammal (D) By LRS. v. Subramaniam and Others [(2004) 7 SCC 233]...
Burden of proof
Undoubtedly it is for the prosecution to prove beyond reasonable doubt that the accused had committed the offence with the requisite mens rea. Once that is done a presumption that the accused was sane when he committed the offence...
notwithstanding the general burden on the prosecution to prove the offence, the burden of proving the absence of the ingredients of the offence under certain circumstances was on the accused.
Succession Act, 1925—Section 63-Will—Execution of—Burden of proof—Onus of proving Will lies on propounder—In absence of suspicious circumstances surrounding execution of Will, proof of testamentary capacity and proof of signature of testator as required by law, sufficient to discharge the...
The elementary Rule under Section 101 of the Evidence Act, is inflexible. Ordinarily, the burden to prove the fact rests on the party who substantially asserts affirmative of the issue and not on the party who denies it. In...
SUPREME COURT OF INDIA DIVISION BENCH ( Before : S. B. Sinha, J; P. K. Balasubramanyan, J ) ANIL RISHI — Appellant Vs. GURBAKSH SINGH — Respondent Civil Appeal No. 2413 of 2006 Arising out of SLP (Civil) No....
The pristine rule that the burden of proof is on the prosecution to prove the guilt of the accused should not be taken as a fossilised doctrine as though it admits no process of intelligent reasoning. The doctrine of...
If the definition of conclusive proof given in Section 4 of the Evidence Act is applicable to any fact, then both the consequence mentioned above would occur, which means that what is declared to be conclusive proof shall not...
If no such attesting witness can be found, or if the document purports to have been executed in the United Kingdom, it must be proved that the attestation of one attesting witness at least is in his handwriting, and...
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