Burden of proof – MyNation KnowledgeBase

SC: Court can only look into prima facie case & decide whether prosecution case is groundless in section 239 CrPC

Posted on 05/11/2024 by MyNation Leave a comment

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 1452 – 1453 OF 2022 (Arising out of Special Leave Petition (Crl.) Nos. 3445-3446 of 2019) STATE THROUGH ….APPELLANT(S) DEPUTY SUPERINTENDENT Of POLICE VERSUS R. SOUNDIRARASU ETC. ….RESPONDENT(S) JUDGMENT J.B. PARDIWALA, J. 1….

What are exceptions to the rule that burden of proof is on the prosecution to prove the guilt of the Accused ?

Posted on 16/07/202416/07/2024 by MyNation 1 Comment

IN THE SUPREME COURT OF INDIA Criminal Appeal No. 437 of 2015 Decided On: 03.05.2024 Anees Vs. The State Govt. of NCT Hon’ble Judges/Coram: Dr. D.Y. Chandrachud, C.J.I., J.B. Pardiwala and Manoj Misra, JJ. Author: J.B. Pardiwala, J. Citation: MANU/SC/0379/2024,2024 INSC 368 For the convenience of…

When the burden of proof is on the Municipal Corporation to prove that construction is unauthorised?

Posted on 19/03/202119/03/2021 by MyNation Leave a comment

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1447 OF 1995 Shri Vadilal Maganlal Trevadia Vs. Bombay Municipal Corporation CORAM : UJJAL BHUYAN, J. Reserved on : JANUARY 16, 2020 Pronounced on : JUNE 09, 2020 Heard Mr. Sanjiv…

Principles for Guidance on the Burden of proof

Posted on 07/07/202007/07/2020 by MyNation Leave a comment

IN THE HIGH COURT OF DELHI W.P. (C) 3324/2019, CM No. 15291/2019, W.P. (C) 7334/2019, Decided On: 20.05.2020 Prithvi Singh Vs. Asst. Commissioner (South), Govt. of NCT of Delhi and Ors. Hon’ble Judges/Coram: Navin Chawla, J. 1. The present set of petitions challenge the orders…

Landmark judgment on Burden of Proof and Onus of proof

Posted on 05/10/2019 by MyNation Leave a comment

BEFORE THE PRIVY COUNCIL Decided On: 14.06.1949 Case Number Privy Council Appeal No. 41 of 1946 Judge LORD POTER, LORD MACDERMOTT, SIR MADHAVAN NAIR & SIR JOHN BEAUMONT Appellant Kumbhan Lakshmanna and Others Respondent Tangirala Venkateswarlu and Others Advocates: J.M.R. Jayakar and L.E.H. Fellows, for…

Whether burden of proof is on landlord to prove that tenant has done permanent construction without his consent?

Posted on 03/07/201803/07/2018 by MyNation Leave a comment

IN THE HIGH COURT OF DELHI S.A.O. No. 17 of 2002 Decided On: 11.03.2003 Suraj Prakash Chopra Raj Kumar Vs. Baij Nath Dhawan and Anr. Hon’ble Judges/Coram: Mahmood Ali Khan, J. Citation: 103 (2003) DLT 645 1. This second appeal under Section 39 of Delhi…

Landmark judgment on burden of proof and onus of proof

Posted on 30/10/2017 by MyNation Leave a comment

BEFORE THE PRIVY COUNCIL Decided On: 14.06.1949 Kumbham Lakshmanna and Ors. Vs. Tangirala Venkateswarlu and Ors. Hon’ble Judges/Coram:Porter, Mac Dermott, Madhavan Nair and John Beaumont, JJ. Citation: AIR (36) 1 949 Privy Council 278 1. This is an appeal from a judgment and decree of…

Whether Burden of proof is on Husband to prove that wife deserted him without cause?

Posted on 28/07/2017 by MyNation Leave a comment

IN THE HIGH COURT OF BOMBAY Family Court Appeal No. 110 of 2006 Decided On: 04.08.2008 Arundhati Deepak Patil Vs. Deepak Bhaurao Patil Hon’ble Judges/Coram: B.H. Marlapalle and D.B. Bhosale, JJ. Citation; 2008(6) MHLJ 554 Bom 1. This appeal is directed against the Judgment and order dated 22.6.2006…

Burden of proof is on accused to prove the voluntary consent of the deceased

Posted on 27/07/2017 by MyNation Leave a comment

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 1902 OF 2014 (Arising out of SLP (Crl.) No. 1800 of 2014) NARENDRA …

Restitution of conjugal rights Denied

Posted on 08/05/2017 by MyNation Leave a comment

JHARKHAND HIGH COURT F A No.172/2011 Smt. Rita Prajapati V Sanjay Kumar, P R E S E N T E MR. JUSTICE SHREE CHANDRASHEKHAR MR. JUSTICE RAJESH SHANKAR Citation: AIR 2017 Jharkhand 41 1. The present appeal is directed against the judgment dated 23rd September, 2011,…

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Tag: Burden of proof

What are exceptions to the rule that burden of proof is on the prosecution to prove the guilt of the Accused ?

When the burden of proof is on the Municipal Corporation to prove that construction is unauthorised?

Principles for Guidance on the Burden of proof

Landmark judgment on Burden of Proof and Onus of proof

Whether burden of proof is on landlord to prove that tenant has done permanent construction without his consent?

Landmark judgment on burden of proof and onus of proof

Whether Burden of proof is on Husband to prove that wife deserted him without cause?

Restitution of conjugal rights Denied

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