dissenting
judgment held:
"In my opinion, the evidential burden does not
shift to the plaintiff until, in the language of the
section, the defendant ... manner stated therein, the evidentiary burden would shift to
the plaintiff and the legal burden reviving his legal burden
to prove that the promissory note
never shifts, the latter is called the 'evidential burden' and it shifts from one side to the other. See Kundanlal v. Custodian Evacuee ... supra). The legal burden is the burden of proof which remains constant throughout a trial. It is the burden of establishing the facts and contentions
whether the accused
can be said to have discharged his 'evidential burden', for the courts
13
below to have concluded that the presumption ... legal burden is the burden of proof which remains constant
throughout a trial. It is the burden of establishing the facts and
contentions which will
effect of the presumption, in that sense, is to
transfer the evidential burden on the accused of proving that the cheque
was not received ... Bank towards the discharge of any liability. Until
this evidential burden is discharged by the accused, the presumed fact will
have to be taken
never shifts, the latter is called the 'evidential burden' and it
shifts from one side to the other. [See Kundanlal v.
Custodian Evacuee ... legal burden is the burden of proof which remains
constant throughout a trial. It is the burden of establishing
the facts and contentions which will
Ravinder Burju vs Anil Khosla on 18 April, 2024
IN THE COURT OF SH. LOVLEEN
Anil Khosla vs M/S Texcel Infotech Pvt. Ltd on 18 April, 2024
IN THE
never shifts, the latter is called the
'evidential burden' and it shifts from one side to the
other. [See Kundanlal v. Custodian Evacuee ... legal burden is the burden of proof which
remains constant throughout a trial. It is the burden of
establishing the facts and contentions which will
never shifts, the latter is called the 'evidential burden' and it
shifts from one side to the other. [See Kundanlal v.
Custodian Evacuee ... legal burden is the burden of proof which remains
constant throughout a trial. It is the burden of establishing
the facts and contentions which will
Ranjeet Kumar Mishra 17/32
the latter is called the 'evidential burden' and it shifts from
one side to the other. [See Kundanlal ... legal burden is the burden of proof which remains
constant throughout a trial. It is the burden of establishing
the facts and contentions which will
