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Landmark Judgments and Articles on Law

Principles for Guidance on the Burden of proof

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

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?

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

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?

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

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

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,…

Both Parents should share Children Expeses

CALCUTTA HIGH COURT Before :- Jyotirmay Bhattacharya, J. C.O. No. 2451 of 2003. D/d. 07.04.2005. Sri Subhendu Dutta – Petitioner Versus Smt. Rita Dutta – Respondent For the Petitioner :- Mr. S. S. Haque, Mr. Sk. Kamaluddin, Mr. Sk. Salauddin Mollah and Mr. Subhrajit Chakraborty,…

THE PROOF OF BURDEN RESTS ON WHO ASSERTS OR ALLEGES, NOT ON WHO DENIES

Supreme Court of India Bhagirath vs State Of Madhya Pradesh on 8 September, 1975 Equivalent citations: AIR 1976 SC 975, 1976 CriLJ 706, (1976) 1 SCC 20, 1975 (7) UJ 780 SC Author: R Sarkaria Bench: P Bhagwati, R Sarkaria JUDGMENT R.S. Sarkaria, J. 1….

Rules of interpretation in Dowry deaths

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 1592 OF 2011 REPORTABLE SHER SINGH @ PARTAPA …..APPELLANT Versus STATE OF HARYANA …..RESPONDENT J U D G M E N T VIKRAMAJIT SEN, J. 1 This Appeal has been filed against the…


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