Rangammal vs Kuppuswami & Anr on 13 May, 2011
In Rangammal vs. Kuppuswami and Anr. AIR 2011 SC 2344,
Supreme Court has held thus: "Section 101 of the Indian Evidence Act, 1872
defines 'burden of proof' which clearly lays down that whosoever desires
any court to give judgment as to any legal right or law dependent on the
existence of facts which he asserts, must prove that those facts exist. When a
person is bound to prove the existence of any fact it is said that the burden of
proof lies on that person. Thus, the Evidence Act has clearly laid down that
the burden of proving fact always lies upon the person who asserts. Until
such burden is discharged, the other party is not required to be called upon
to prove his case. The court has to examine as to whether the person upon
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whom burden lies has been able to discharge his burden. Until he arrives at
such conclusion, he cannot proceed on the basis of weakness of the other
party."