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Home Bare Acts Phrase: burdenedIndian Evidence Act 1872 Chapter 7
Title: Of the Burden of Proof
State: Central
Year: 1872
.....desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person. Illustrations (a) A desires a Court to give judgment that B shall be punished for a crime which A says B has committed. A must prove that B has committed the crime. (b) A desires a Court to give judgment that he is entitled to certain land in the possession of B, by reason of facts which he asserts, and which B denies, to be true. A must prove the existence of those facts. Section 102 - On whom burden of proof lies The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side. Illustrations (a) A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B's father. If no evidence were given on either side, B would be entitled to retain his possession. Therefore the burden of proof is on A. (b) A sues B for money due on a bond. The execution of the bond is admitted, but B.....
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 105
Title: Burden of Proving That Case of Accused Comes Within Exceptions
State: Central
Year: 1872
When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the General Exceptions in the Indian Penal Code, (45 of 1860) or within any special exception or proviso contained in any other part of the same Code, or in any law defining the offence, is upon him, and the Court shall presume the absence of such circumstances. Illustrations (a) A, accused of murder, alleges that, by reason of unsoundness of mind, he did not know the nature of the act. The burden of proof is on A. (b) A, accused of murder, alleges that, by grave and sudden provocation, he was deprived of the power of self-control; The burden of proof is on A. (c) Section 325 of the Indian Penal Code (45 of 1860), provides that whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be subject to certain punishments. A is charged with voluntarily causing grievous hurt under section 325. The burden of proving the circumstances bringing the case under section 335 lies on A.
View Complete Act List Judgments citing this sectionForeign Exchange Regulation Act, 1973 Section 71
Title: Burden of Proof in Certain Cases
State: Central
Year: 1973
( 1 ) Where any person is prosecuted or proceeded against for contravening any of the provisions of this Act or of any rule, direction or order made thereunder which prohibits hi m from doing an act without permission, the burden of proving that he had the requisite permission shall be on hi m. ( 2 ) Where any person is prosecuted or proceeded against for contravening the provisions of sub-section ( 3 ) of section 8 , the burden of proving that the foreign exchange acquired by such person has been used for the purpose for which the permission to acquire it was granted shall be on hi m. ( 3 ) If any person is found or is proved to have been in possession of any foreign exchange exceeding in value1[fifteen thousand rupees], the burden of proving that the foreign exchange came into hi s possession lawfully shall be on hi m. ________________________ 1. Substituted by Act 29 of 1993, section 34, for "two hundered and fifty rupees" w.e.f. 8-1-1993.
View Complete Act List Judgments citing this sectionForeign Exchange Regulation Act, 1973 [Repealed] Section 71
Title: Burden of Proof in Certain Cases
State: Central
Year: 1973
(1) Where any person is prosecuted or proceeded against for contravening any of the provisions of this Act or of any rule, direction or order made thereunder which prohibits him from doing an act without permission, the burden of proving that he had the requisite permission shall be on him. (2) Where any person is prosecuted or proceeded against for contravening the provisions of sub-section (3) of section 8, the burden of proving that the foreign exchange acquired by such person has been used for the purpose for which the permission to acquire it was granted shall be on him. (3) If any person is found or is proved to have been in possession of any foreign exchange exceeding in value1[fifteen thousand rupees], the burden of proving that the foreign exchange came into his possession lawfully shall be on him. ____________________________ 1. Substituted by Act 29 of 1993, sec. 34, for "two hundred and fifty rupees" w.e.f. 8-1-1993.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 102
Title: On Whom Burden of Proof Lies
State: Central
Year: 1872
The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side. Illustrations (a) A sues B for land of which B is in possession, and which, as A asserts, was left to A by the will of C, B's father. If no evidence were given on either side, B would be entitled to retain his possession. Therefore the burden of proof is on A. (b) A sues B for money due on a bond. The execution of the bond is admitted, but B says that it was obtained by fraud, which A denies. If no evidence were given on either side, A would succeed, as the bond is not disputed and the fraud is not proved. Therefore the burden of proof is on B.
View Complete Act List Judgments citing this sectionIndian Evidence Act 1872 Section 106
Title: Burden of Proving Fact Especially Within Knowledge
State: Central
Year: 1872
When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him. Illustrations (a) When a person does an act with some intention other than that which the character and circumstances of the act suggest, the burden of proving that intention is upon him. (b) A is charged with travelling on a railway without a ticket. The burden of proving that he had a ticket is on him
View Complete Act List Judgments citing this sectionKarnataka Tax on Luxuries Act, 1979 Section 18
Title: Burden of Proof
State: Karnataka
Year: 1979
1[(1) For the purpose of assessment of tax on luxuries under this Act, the burden of proving that any turnover of stock of luxuries is not liable to tax under this Act shall lie on thestockist. (2) Notwithstanding anything contained in this Act or in any other law, if in respect of any turnover of stock of luxuries claimed to be not liable to tax under this Act, the burden of proof under sub-section (1) is not discharged, the stockist failing to discharge the burden of proof shall be deemed to be the stockist liable to tax under this Act in respect of such turnover of stock of luxuries.] ______________________________________ 1. Substituted by Act 7 of 1997w.e.f. 1.4.1997
View Complete Act List Judgments citing this sectionKarnataka Sales Tax Act, 1957 Section 6A
Title: Burden of Proof
State: Karnataka
Year: 1957
Section 6A - Burden of proof 1 [6A. Burden ofproof (1) For purposes of assessment of tax under this Act, the burden of proving that any transaction or any turnover of a dealer is not liable to tax shall lie on such dealer. (2) Notwithstanding anything contained in this Act or in any other law, a dealer in any of the goods liable to tax in respect of the first sale or first purchase in the State shall be deemed to be the first seller or first purchaser, as the case may be, of such goods and shall be liable to pay tax accordingly on his turnover of sales or purchases, relating to such goods, unless he proves that the sale or purchase, as the case may be, of such goods had already been subjected to tax under this Act.] 2 [Provided that where goods liable to tax are iron and steel mentioned in serial number 2 of the Fourth Schedule, oil seeds mentioned in serial number 5 of the Fourth Schedule, bauxite,chromite, iron, manganese and other ores mentioned in serial number 1 of Third Schedule or hydrogenated oils and cooking medium mentioned in serial number 1 of Part 'E' of Second Schedule, 3 [or any other goods liable to tax as may be notified.....
View Complete Act List Judgments citing this sectionPatents Act, 1970 (39 of 1970) Section 104A
Title: Burden of Proof in Case of Suits Concerning Infringement
State: Central
Year: 1970
.....that the identical product is made by the process, and the patentee or a person deriving title or interest in the patent from him, has been unable through reasonable efforts to determine the process actually used: Provided that the patentee or a person deriving title or interest in the patent from him, first proves that the product is identical to the product directly obtained by the patented process. (2) In considering whether a party has discharged the burden imposed upon him by sub-section (1), the court shall not require him to disclose any manufacturing or commercial secrets, if it appears to the court that it would be unreasonable to do so.] ________________________ 1. Inserted by Patents (Amdt) Act, 2002. dated 25.06.2002 w.e.f 20.05.2003.
View Complete Act List Judgments citing this sectionCentral Sales Tax Act, 1956 Section 6A
Title: Burden of Proof, Etc., in Case of Transfer of Goods Claimed Otherwise Than by Way of Sale
State: Central
Year: 1956
.....this section, "assessing authority", in relation to dealer, means the authority for the time being competent to assess the tax payable by the dealer under this Act.] 4[(3) Nothing contained in sub-section (2) shall preclude reassessment by the assessing authority on the ground of discovery of new facts or revision by a higher authority on the ground that the findings of the assessing authority are contrary to law, and such reassessment or revision may be done in accordance with the provisions of general sales tax law of the State.] _________________________ 1. Inserted by Act 61 of 1972, section 3 w.e.f. 1-4-1973. 2. Inserted by the Finance Act, 2002 w.e.f. 13-05-2002. 3. Substituted by the Finance Act, 2010 for the following : - "are true, he may, at the time of, or at any time before, the assessment of the tax payable by the dealer under this Act, make an order to that effect and thereupon the movement of goods to which the declaration related shall" 4. Inserted by the Finance Act, 2010.
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