Section 104: Burden of proof

Corresponding Evidence Act provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

4 questions in 19 of our papers cite Section 104. Try these from the free papers:

1. 1. A plaintiff sues to set aside a sale deed, alleging that the defendant, who was in a dominating position, obtained it by fraud. Following Anil Rishi v. Gurbaksh Singh (2006), on the burden of proof under Sections 104 and 114 of the BSA (formerly Sections 101 and 111 of the Evidence Act):

   A.the burden lies on the defendant from the start, since he holds the original deed in his possessionB.the burden lies on the defendant whenever it is more difficult for the plaintiff to prove the fraudC.the initial burden is on the plaintiff, who must first prove the active confidence relied onD.the burden lies on the defendant once the plaintiff merely pleads that the defendant was dominant
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2. 2. Under Section 104 of the BSA, whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts:

   A.may require the opposite party to disprove those facts before leading evidenceB.need prove those facts only if the Court first calls upon him to do soC.must prove that those facts exist, and the burden of proof lies on himD.must prove them only where they are especially within his own knowledge
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