Law of Evidence Article (118). On whom burden of proof lies: QSO / Abdal/ Abdaal.
Автор: Allah Noor Abdaal
Загружено: 2023-05-01
Просмотров: 31
Описание:
#law #qso
118. On whom burden of proof lies: 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.
Illustrations
(a) A sues B for land of which B is in possession, and which, as A asserts was left to A by
the will of C, B's father.
If no evidence were given on either side, B would be entitled to retain his possession.
Therefore the burden of proof is on A.
(b) A sues B for money due on a bond.
The execution of the bond is admitted, but B says that it was obtained by fraud, which A
denies.
lf no evidence were given on either aide, A would succeed as the bond is not disputed and
the fraud is not proved.
Therefore the burden, of proof is on B.
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