The word "burden of proof" has not been defined in Indian Evidence Act. Burden of proof  in simple words means responsibility to...

In   the   light   of   the   above   discussion,   the   Court   below committed serious error in law, which has resulted into miscarri...

 This suit is filed by a wife against her husband for a declaration that the defendant, not having been heard of since February 1937, int...

  I am inclined to follow the           view taken by the learned Judges in the decisions quoted above. In Indira's case (supra), a...

 On facts, it is found that Balbir Singh himself came alive and deposed in favour of Avtar Singh that he never absconded. Avtar Sing...

The Madurai Bench of Madras High Court (HC) has ruled that a person missing for long period and not heard of for over seven years could b...

I have  carefully considered  the submission  made by Mr.   Gavnekar,   learned   counsel   for   the   appellants.   Here,   it   is nec...

 Reference to Section 372(1)(a) may be made. This section enjoins upon the applicant to state the time of death of the deceased. Time, a...

The court concluded that the very object of the declaration was only to have the substantive relief of declaration that the Plaintiff was...

 According to the provision contained in Section 108 of the Evidence Act, if before any Court a question arises as to whether a person is ...

We cannot, therefore, countenance the view taken by the High Court in either of the two appeals that on the expiry of seven years by the ti...

Neither Section 108 of the Evidence Act nor logic, reason or sense permit a presumption or assumption being drawn or made that the person ...

It is thus seen that the said Mohammed Ismail has been missing and is not heard of for a period of more than seven years since before the f...

It is a rule of presumption. By reason of the language applied in Section 108 of the Evidence Act, the burden to prove that such person ...