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The fundamental nature of the right to reside and settle in conditions of dignity was recognized once again in a decision of two Learned Judges of the Supreme Court in J. P. Ravidas vs. Navyuvak Harijan Uthapan Multi Unit Industrial Co-op. Society Ltd., .

Bombay High Court Cites 14 - Cited by 2 - D Y Chandrachud - Full Document

"It is settled proposition of law that burden of proof always lies upon the party who makes certain allegations and seeks relief on it. The Court has to address itself whether the party, which has made the allegations, has discharged the burden of proving the allegations. Moreso, the party must succeed on the CWP No 14102 of 1999 5 strength of its own case rather than on the weakness of the case of the other side. Such party is under a legal obligation to prove its case irrespective of the fact whether the opposite party has proved its case or not. "A mere destruction of the case of the defendant in absence of establishment of his own case, carries the petitioner nowhere." (Vide J.P. Ravidas V. Navyuvak Harijan Uthapan Multi Unit Industrial Co-op. Society Ltd., 1996 (2) RRR 626; 1996 (9) SCC 300: AIR 1996 SC 2151; HMM Ltd. Vs. Director General, Monopolies and Restrictive Trade Practices Commission, 1998 (6) SCC 485; AIR 1998 SC 2691; Kala V. Madho Parshad Vaidya, 1998 (2) RCR (Rent) 279 (SC) 1998 (6) SCC 573; AIR 1998 SC 2773; Moran Mar Basseliou Catholicos Vs. Most Rev. Mar Poulose Athanasius, AIR 1954 SC 526 and Moran Mar Basselios Catholics Vs. Thukalan Paulo Avira, AIR 1959 SC 31."

Punjab-Haryana High Court Cites 8 - Cited by 0 - K Kannan - Full Document

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