Defination

Querist : Anonymous (Querist) 08 December 2011 This query is : Resolved
what is onus of proof?
is their any judgement on this?

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Guest (Expert) 08 December 2011
Responsibility or duty to prove the offense.

prabhakar singh (Expert) 08 December 2011
The origins of the term come from the Latin "onus probandi" so, onus of proof is just a mix of Latin and English.

Its'a liability on a party to prove what it asserts.
The burden may also shift, depending on the issue and who must ultimately "prove" the particular fact at issue.

In civil cases it shifts from one party to other party and ultimately looses its importance on conclusion of evidence, where after case gets decided on preponderance of circumstantial probability in favor of a party.
Another interesting issue is how heavy a burden must be met.

There are differences between criminal and civil cases, where the burden is higher in the criminal case"to prove the guilt beyond doubt". There are also other standards depending on the type of case and issue being joined"may be quasi judicial disciplinary proceedings of misconduct".

There is a lot more. Entire books. But no doubt the issues here are interesting and worth considering .

Devajyoti Barman (Expert) 08 December 2011
A pure academic a question which I generally do not reply.

Raj Kumar Makkad (Expert) 08 December 2011
1. Ghulam Rassol and others V/s State of Jammu &Kashmir in Civil Appeal no.825 of 1978. AIR 1983 Supreme Court 1188.

2. R.M. Yellatti V s Assistant Executive Engineer 2006 (1) RSJ 80

3. Surenderranagar District Panchayat, Appellant Vs. Dahyabhai Amarsinh, Respondent.(2005)8 Supreme Court Cases 750

4. U.P. State Brassware Corp. others Vs. Udit Narain Pandey JT 2005 (10) SCC 344.

5. State of M.P.Vs Arjun Lal Rajak (2006)2SCC610

6. M/S Essen Denki, Appellant Vs. Rajiv Kumar, Respondents AIR 2003 S.C.38

7. Range Forest Officer with State of Karnataka & another Vs. S.T. Hadimani AIR 2002 S.C. 1147-1148.

8. Babu Ram Vs DFO U.T Chandigarh and anothers 2005 (4) RSJ.

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