IEA Section 102 — On whom burden of proof lies

Chapter 7

Civil

Summary

The person who would lose a case if neither side presented any evidence is the one who has the responsibility to prove their side. This means the burden of proof falls on the party who needs to provide evidence to avoid losing.

Official Text

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.

Related Judgments

  • MAHAKALI SUJATHA vs THE BRANCH MANAGER, FUTURE GENERALI INDIA LIFE INSURANCE COMPANY LIMIT — Supreme Court of India (2024)
  • RATHNAMMA & ORS. vs SUJATHAMMA & ORS — Supreme Court of India (2019)
  • New India Assurance Co Ltd vs Senehar Bibi Johar Shaikh & Anr — Bombay High Court (Mumbai Principal Seat) (2024)
  • SMRITI DEBBARMA (DEAD) THROUGH LEGAL REPRESENTATIVE vs PRABHA RANJAN DEBBARMA AND OTHERS — Supreme Court of India (2023)
  • NARAYAN GOVIND GAVATE ETC. vs STATE OF MAHARASHTRA — Supreme Court of India (1976)

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