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burden of proof

Case BriefsHigh Courts

Cal HC | Court explains ”Intelligible testimony” and “reverse burden of proof”; dismisses appeal of accused charged for raping 3 year old girl under S. 6, POCSO Act

Calcutta High Court: The Division Bench of Soumen Sen and Rabindranath Samanta, JJ., dismissed a criminal appeal which was filed against the

Published on November 15, 2021November 19, 2021By Editor_4
Leave a comment3203 views
Case BriefsSupreme Court

Not wise to shift burden of proof on accused merely because of rampant increase in henious crimes; SC acquits man in a 2009 dacoity case 

“The acquittal of a guilty person constitutes a miscarriage of justice just as much as the conviction of the innocent.”

Published on November 9, 2021November 12, 2021By Prachi Bhardwaj
1 Comment3130 views
Saket Court
Case BriefsDistrict Court

Mere denial is useless, Presumption under S. 138 NI Act can be rebutted only by leading cogent evidence: Court holds accused guilty where “payment stopped by drawer”

Saket Courts, New Delhi: Swati Gupta, Metropolitan Magistrate reiterated what is expected of an accused to rebut the statutory presumption against him

Published on October 18, 2021By Bhumika Indulia
Leave a comment7220 views
Case BriefsSupreme Court

‘False defence no ground to convict if chain of circumstantial evidence is incomplete’. 10 years after wife’s death, SC sets man free

Supreme Court: The bench of Ajay Rastogi and Abhay S. Oka*, JJ has held that when the chain of circumstantial evidence is

Published on September 25, 2021September 30, 2021By Prachi Bhardwaj
Leave a comment5763 views
Case BriefsSupreme Court

Explained| Burden of proof: Criminal Proceedings versus Departmental Proceedings

The two proceedings, criminal and departmental, are entirely different. They operate in different fields and have different objectives.

Published on September 23, 2021September 23, 2021By Prachi Bhardwaj
1 Comment10743 views
Case BriefsHigh Courts

Madras HC | Who is liable in suit for malicious prosecution; what is duty of civil court; where lies onus of proof? HC answers all,  says no ‘second agnipariksha’ for plaintiff

Madras High Court: G.R. Swaminathan, J., held that to succeed in a suit for malicious prosecution, the acquittal of the plaintiff alone

Published on May 25, 2021June 4, 2021By Bhumika Indulia
Leave a comment13003 views
Case BriefsHigh Courts

Chh HC | Degree of proof which is necessary to order conviction in a criminal case is different from degree of proof necessary to record commission of delinquency in a departmental proceeding

Chhattisgarh High Court: P. Sam Koshy J., dismissed the petition stating that no interference is required at this juncture keeping in mind

Published on December 30, 2020December 31, 2020By Editor_4
Leave a comment2793 views
Case BriefsHigh Courts

Bom HC | Does NI Act authorises a complainant to fill an incomplete cheque? Court discusses while reversing acquittal of accused under S. 138 NI Act

Bombay High Court: Vibha Kankanwadi, J., reversed the acquittal of the respondent-accused holding him guilty of having committed an offence under Section 138

Published on December 15, 2020December 17, 2020By Bhumika Indulia
1 Comment6881 views
Case BriefsSupreme Court

Signature obtained by fraud? Burden of proof is on the party alleging such forgery; says SC

Supreme Court: The bench of AM Khanwilkar* and Dinesh Maheshwari, JJ has held that for invoking Section 17 of the Limitation Act,

Published on November 17, 2020December 5, 2020By Prachi Bhardwaj
Leave a comment22297 views
Case BriefsForeign Courts

SL CoA | Burden of proof with claimant to show lawful possession for proving prescriptive title to land

Court of Appeal of Sri Lanka: This appeal was filed before a Bench of Mahinda Samayawardhena, J., for ejectment of defendants from

Published on January 24, 2019January 28, 2019By Bhumika Indulia
Leave a comment3123 views
Case BriefsHigh Courts

Onus shifts on accused to prove defence when prosecution discharges burden of proof

Madhya Pradesh High Court: This appeal was filed before a 2-Judge Bench comprising of Sujoy Paul and Nandita Dubey, JJ., against the

Published on December 13, 2018December 28, 2018By Bhumika Indulia
Leave a comment6068 views
Case BriefsHigh Courts

Section 106 Evidence Act not a substitute for the burden of proof which rests on prosecution; murder accused acquitted holding prosecution case based on presumption: Bombay HC

Bombay High Court: A Division Bench comprising of S.S. Shinde and A.S. Gadkari, JJ., allowed a criminal appeal filed against the judgment

Published on October 22, 2018October 25, 2018By Bhumika Indulia
Leave a comment10384 views
Case BriefsHigh Courts

Burden of proof falls upon the person who is in special knowledge of a fact known only to him

Delhi High Court: A Division Bench comprising of Vipin Sanghi and P.S. Teji, JJ, upheld the conviction and sentence passed by the

Published on December 1, 2017By Saba
Leave a comment6964 views
Case BriefsHigh Courts

Suspicion however grave, cannot take the place of proof

Chhattisgarh High Court: In an appeal before the High Court, the appellants challenged their conviction by Sessions Judge in murder case of

Published on October 10, 2017October 27, 2017By Saba
Leave a comment4255 views

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