Plaintiff's Burden: Proving Suits with Cogent Evidence in India

2025 Supreme(Online)(Mad) 41095

In such circumstances, the plaintiff seeks expeditious disposal of the suit. ... According to him, the defendants were set ex-parte on 08.03.2024, and it was posted for ex-parte evidence. 3.According to the learned Counsel appearing for the revision petitioners, ex-parte evidence has already been let in and it is posted for arguments from 10.04.2024, onwards. ... (PD)(MD)No.1014 of 2025 1.N.M.Sharfuddeen (died) ...Plaiintiff#HL_EN....

2023 0 Supreme(AP) 1032

The evidence of PW1 to PW3 is consistent, cogent with regard to execution of suit pronote and so also passing of consideration under Ex.A1. Though PW1 to PW3 were subjected to cross examination, nothing was elicited from them to discredit their evidence. ... Where both parties have chosen to advance their pleadings and adduce evidence, the concept of burden of proof looses its paramount ....

2022 0 Supreme(HP) 610

Proof of documents by primary evidence.—Documents must be proved by primary evidence except in the cases hereinafter mentioned. 65. ... in question has to be properly accounted for by giving cogent reasons inspiring confidence. ... Mere assertion made in the application with regard to loss /misplacement of the document cannot be sufficient rather in that regard, some cogent and convincing eviden....

Current Civil Cases

The secondary evidence must be authenticated by foundational evidence that the alleged copy is in fact a true copy of the original. Mere admission of a document of in evidence does not amount to its proof. Therefore, the documentary evidence is required to be proved in accordance with law. ... Siddiqui (Dead) by Lrs and Ashok Dulichand (supra), this Court is of the considered view that the tribunal below ....

2023 0 Supreme(P&H) 1919

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. Section 103 Burden of proof as to particular fact. ... Mere placing on record the photocopies of the receipts as mark ‘B' and mark ‘C' would amount to failure in discharging the burden of proof. We find that the learned trial Court has passed the impugned judgment and decree on....

2023 0 Supreme(Gau) 567

(2) Report and depositions to be evidence in suit.-- The report of the Commissioner and the evidence taken by him (but not the evidence without the report) shall be evidence in the suit and shall form part of the record; but the Court or, with the permission of the Court, any of ... It was further observed that the facts required to be proved for obtaining a decree in the civil #HL_STAR....

2024 0 Supreme(Ker) 731

There is a difference between ‘proof of contents of a document’ and ‘proof of the truth of the contents of a document’. The expression ‘contents of documents’ is not defined in the Evidence Act. ... Section 61 speaks of proof of contents of documents, both private and public, by primary or secondary evidence. Section 77 speaks of proof of contents of the public documents by production of....

2024 Supreme(SRI)(SC) 12743

Section 102 of the Evidence Ordinance states that 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. The Respondent has denied the transactions on which the Appellant bases its cause of action. ... In terms of Section 5 of the Evidence Ordinance, evidence may be given in any suit or proceeding ....

2022 0 Supreme(AP) 625

On the question of legal efficacy of PW.1 in giving evidence, it concurred with the trial Court’s observation that PW.1, being a witness to the facts, was competent to give evidence in proof of facts she witnessed and simply because she was a G.P.A. holder do not allow the Court to discard her evidence ... Having taken up a plea that the plaintiff had no financial capacity to prove, there was no evidence ....

For this we are not inclined to disturb the finding of the trial judge who has applied the correct principles in law in coming to his finding which is substantiated by cogent evidence. ... The reference to a period of long suffering by the learned judge of the High Court was not predicated on any cogent evidence placed before the High Court be it by way of documents or by way of oral evidence during the c....

2018 0 Supreme(Jhk) 1131

There should be cogent material evidence to constitute legal proof. Respondent, in her written statement as well as in her evidence had clearly stated that she is ready to live with the petitioner. Such allegations cannot be easily inferred from averments made in the pleadings.

2017 0 Supreme(Jhk) 1932

The accused must give cogent evidence to prove his innocence. In view of the statutory presumption the burden now shifts on the accused. Failure to give an explanation or giving false explanation can be taken as an additional circumstances against him.

2016 0 Supreme(Guj) 1059

One such other issue is regarding territorial jurisdiction of the investigating agency when witness specifically confirms that the place of raid was in fact within Patan district whereas Investigating teem is of ACB office, Palanpur and they have never bothered to keep the local police either informed or to remain present at the time of raid. However, at present we are concerned with the relevant evidence to confirm that whether there is cogent and reliable evidence against accused N....

2008 0 Supreme(Guj) 398

There must be cogent and convincing evidence with strick standards of proof. The appellants may not be convicted and sentenced by the Court only on the basis of presumption, especially when, there are more than one dying declaration and when there is inconsistency between the dying declarations coupled with the fact that there is no corroboration to the dying declarations. ( 6 ) LEARNED counsel for the appellants submitted that in fact, the Investigating Officer has not broug....

2005 0 Supreme(Raj) 2780

After almost 23 years from the date of filing of the suit, the plaiintiff is seeking permission to produce secondary evidence at second appellate stage. These facts clearly show that there was no bona fide reason for not filing the patta in the trial Court or before the first appellate Court and the judgments, which were relied upon by the learned counsel for the appellants cannot be stressed to mean that in such facts like the present, the appellants can be permitted to prod....