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See Also:
- EVIDENCE: Burden of Proof - Burden of proof in civil cases - Duty of the party who asserts to prove - Whether burden of proof remains static in civil suits
"The law is that he who asserts must prove. In civil cases, the burden of first proving the existence or non-existence of a fact lies on the party against whom…
- ELECTORAL MATTERS: Election Tribunal - Importance of the position of the Chairman of an Election Tribunal
"The position of a chairman of an Election tribunal is very important, in that no legally valid quorum could be formed without him. By the provisions of Section 285(4) of…
- CRIMINAL LAW AND PROCEDURE: Burden of Proof - On Whom Lies the Burden of Proof in Criminal Cases
“The law is well settled that in a criminal trial, the onus is on the prosecution to prove its case beyond reasonable doubt and that the accused person being tried is not…
- EVIDENCE - BURDEN OF PROOF/STANDARD OF PROOF - Burden and standard of proof in criminal cases; whether doubt in the case of the prosecution should be resolved in favour of the accused
"The law is quite well settled that while the prosecution has the burden of proving the guilt of an accused person beyond reasonable doubt, it is equally trite that any…
- EVIDENCE - Burden Of Proof/Onus Of Proof - On whom lies the burden of proving insanity
"I am unable to accept the submission of counsel that there is any iota of evidence of insanity to entitle the appellant to the defence provided by Section 28 of…