TMI Blog"burden of proof" and "onus of proof"X X X X Extracts X X X X X X X X Extracts X X X X ..... n a suit for possession based on the title, once the plaintiff has been able to create a high degree of probability so as to shift the onus on the defendant, it is for the defendant to discharge his onus and in the absence thereof, the burden of proof lying on the plaintiff shall be held to have been discharged so as to amount to proof of the plaintiff s title vide RVE Venkatachala Gounder vs. Aru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e burden to render such evidence. In other words, it is incumbent on each party to discharge the burden of proof, which rests upon him. In the context of insurance contracts, the burden is on the insurer to prove the allegation of non-disclosure of a material fact and that the non-disclosure was fraudulent. Thus, the burden of proving the fact, which excludes the liability of the insurer to pay co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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