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smith sharma (lecturer)     13 August 2008

Burden of proof n Onus of proof

Hi,

   Pls explain the burden of proof n Onus of proof . Tell me difference between burden of proof n Onus of proof..

Thanx

with regards

Mis. Smith Sharma



Learning

 4 Replies

Anita (Associate Legal)     13 August 2008

Dear Smita,


There is no difference in the terms "Burden of Proof" and "Onus of Proof". Both these terms mean that the resposibility to prove, duty to prove that he/she is not guilty of any wrong.


So as per my knowledge there is no difference between Burden of Proof and Onus of Proof.

smith sharma (lecturer)     14 August 2008

Dear Anita,


                    burden of proof and onus of proof is different word having different meaning.thanx


With regards


Mis. Smith Sharma

Kanhaiya Singh (Advocate)     15 August 2008

 


 


Hello Smitha,Burden of proof on pleadings should not be confused with the burden of adducing evidence which is called shifting.Burden of proof on pleadings never shifts.Initial burden of proving a prima facie case is cast upon the plaintiff.When he gives such evidence as will support his prima facie case, onus shifts on the defedant to adduce rebutting evidence to meet the case made by the plaintiff.As the case continues to develop,onus may shift back again to the plaintiff.On the issue AIR 1949 PC278,  AIR 1961 SC 1974 & AIR 1964 SC 40 may be looked into. 


 

smith sharma (lecturer)     16 August 2008

Thank u sir 4 clear my confusion.


Mis Smith Sharma{lawyer}


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