 | 1923 - 730 páginas
...alien and not ipon the prosecution to prove that he was. Further, we think that the burden of proof may in the course of a case be shifted from one side to the other, and in considering the »mount of evidence necessary to shift the burden of proof, the Court has regard to the opportunity... | |
 | India - 1877 - 1088 páginas
...not proved. Therefore the burden of proof is on B. 103. Burden of proof as to particular fact. — The burden of proof as to any particular fact lies...existence, unless it is provided by any law that the proof of that fact shall lie on any particular person. Illustration. (a) A prosecutes B for theft,... | |
 | Adams Sherman Hill - 1878 - 336 páginas
...of facts which he asserts or denies to exist, must prove that those facts do or do not exist." l " The burden of proof as to any particular fact lies...proving that fact shall lie on any particular person. " A prosecutes B for theft, and wishes the Court to believe that B admitted the theft to CAmust prove... | |
 | Punjab (India) - 1883 - 840 páginas
...as the bond is not disputed and the fraud is not proved. Therefore the burden of proof is on B. 103. The burden of proof as to any particular fact lies...the Court to believe in its existence, "" *° unless il is Prided by «ay law that the proof of that fact shall lie on any particular person. Illuitratian.... | |
 | India, D. E. Cranenburgh - 1883 - 1108 páginas
...the bond is not disputed, and the fraud is not proved. Therefore the burden of proof is on B. 103. The burden of proof as to any particular fact lies on that Burden of proof as to person who wishes the Court to believe in its particular fact. existence, unless... | |
 | Alfred Sidgwick - 1884 - 434 páginas
...seems to be fundamental. Cf. Sir Jas. Stephen's Digest of the Law of Evidence, 3rd ed. pp. 100 ff. "The burden of proof as to any particular fact lies...who wishes the Court to believe in its existence" (art. 96). See also Articles 93 and 95. t Hence De Morgan and others have preferred to treat displacement... | |
 | James Fitzjames Stephen - 1885 - 432 páginas
...of proving that she has not foundered is on B. 4 ARTICLE 96. BURDEN OF PROOF AS TO PARTICULAR FACT. The burden of proof as to any particular fact lies...existence, unless it is provided by any law that the burden'of proving that fact shall lie on any particular person ; 6 but the burden may in the course... | |
 | Sydney Edward Williams - 1885 - 292 páginas
...general any wrongful act; and consequently the burden of proof is upon those who assert such facts. The burden may, in the course of a case, be shifted from one side to another; but as a general rule it lies in the first instance on the party against whom judgment would... | |
 | James Fitzjames Stephen - 1886 - 308 páginas
...of proving that she has not foundered is on B.2 ARTICLE 96. BURDEN OF PROOF AS TO PARTICULAR FACT. The burden of proof as to any particular fact lies...any law that the burden of proving that fact shall he on any particular person ; 8 but the burden may m the course of a case be shifted from one side... | |
 | Whitley Stokes - 1888 - 1250 páginas
...464, per Aldenon B., cited iu *h he denies. Tayl. ; 365. 9 All. 713. The section seems Burden of 1O3. The burden of proof as to any particular fact lies...existence, unless it is provided by any law that the proof of that fact shall lie on any particular person l. Illustration, (a) A prosecutes B for theft,... | |
| |
The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence unless it is provided by any law that the proof of that fact shall lie on any particular person. 
