Fwd: I am sharing 'LAPSATION' with you

---------- Forwarded message ---------
From: Bindeswar Sah <sahbindeswar@gmail.com>
Date: Mon, 6 Nov, 2023, 07:40
Subject: I am sharing 'LAPSATION' with you
To: <ceoandhrapradesh@eci.gov.in>, <ceo_andhrapradesh@eci.gov.in>, ceo_arunachalpradesh@eci.gov.in <ceo_arunachalpradesh@eci.gov.in>, <ceo_assam@eci.gov.in>, <ceo_bihar@eci.gov.in>, <ceo_chhatisgarh@eci.gov.in>, <ceo_goa@eci.gov.in>, <ceo_gujarat@eci.gov.in>, <ceo_haryana@eci.gov.in>, <ceo_himachalpradesh@eci.gov.in>, <ceo_jk@nic.in>, <ceo_Jharkhand@eci.gov.in>, <ceo_karnataka@eci.gov.in>, <ceo.karnataka@gmail.com>, <ceo_kerala@eci.gov.in>, <ceo_madhyapradesh@eci.gov.in>, <ceo_maharashtra@eci.gov.in>, <ceo_manipur@nic.in>, <ceo.meghalaya@eci.gov.in>, <ceo_mizoram@eci.gov.in>, <ceo_nagaland@eci.gov.in>, <ceoorissa@gmail.com>, <ceo_odisha@eci.gov.in>, <ceo_punjab@eci.gov.in>, <ceo_rajasthan@eci.gov.in>, <ceo_sikkim@eci.gov.in>, <ceotn14@gmail.com>, <ceo_telangana@eci.gov.in>, <ceo_tripura@eci.gov.in>, <ceo_uttarpradesh@eci.gov.in>, <ceo_uttaranchal@eci.gov.in>, <ceo_westbengal@eci.gov.in>, <ceo_chandigarh@eci.gov.in>, <ceo_daman@eci.gov.in>, <ceo_delhi@eci.gov.in>, <ceo_lakshadweep@eci.gov.in>, <ceo_pondicherry@eci.gov.in>, <ceo_ladakh@eci.gov.in>, <complaints@eci.gov.in>, <rcc-section@eci.gov.in>

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Section 111 of the Evidence Act, 1872

 Section 111 of the Evidence Act, 1872---Proof of good faith in transactions where one party is in relation of active confidence.—

Where there is question as to the good faith of a transaction between parties, one of whom stands to the other in a position of active confidence, the burden of proving the good faith of the transaction is on the party who is in a position of active confidence.

Illustration

(a)           The good faith of a sale by a client to an attorney is in question in a suit brought by the client. The burden of proving the good faith of the transaction is on the attorney.

(b) The good faith of a sale by a son just come of age to a father is in question in a suit brought by the son. The burden of proving the good faith of the transaction is on the father.

 

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Section 110 of the Evidence Act, 1872

Section 110 of the Evidence Act, 1872—Burden of prove as to ownership.—

When the question is whether any person is owner of anything of which he is shown to be in possession, the burden of proving that he is not the owner is on the person who affirms that he is not the owner.

 

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Section 107 of the Evidence Act, 1872.

Section 107 of the Evidence Act, 1872-Burden or proving death of person known to have been alive within thirty days.—

When the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead is on the person who affirms it.

 

 

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Section 106 of the Evidence Act, 1872

Section 106 of the Evidence Act, 1872—Burden of proving fact especially within knowledge.—

When any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.

Illustration

(a)           When a person does an act with some intention other than 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.

 

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Section 105 of the Evidence Act, 1872

Section 105 of the Evidence Act, 1872—Burden of proving that case of accused comes within exceptions.—

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, an 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 the 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 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.

Comments

Plea of self defence

(i)                The burden of establishing the idea of self defence is on the accused and the burden stands discharged by showing preponderance of probabilities in favour of that plea on the basis of material on record;

Riaz v. State of Chattisgarh, AIR 2003 SC 976

(ii)             When the prosecution has established its case, it is incumbent upon the accused under section 105 to establish the case of his private defence by showing probability;

Samuthram alias Samudra Rajan v. State of Tamil Nadu. (1997) 2 Crimes 185 (Mad).

 

 

 

 

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Section 104 of the Evidence Act, 1872

 

Section 104 of the Evidence Act, 1872—Burden of proving fact to be proved to make evidence admissible.—

The burden of proving any fact necessary to be proved in order to enable any person to give evidence of any other fact is on the person who wishes to gives such evidence.

Illustrations

(a)           A wishes to prove a dying declaration by B, A must prove B's death.

(b)                               A wishes to prove by secondary evidence, the contents of  a lost document. A must prove that the document has been lost.

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