Niyam v2 is live — start for just ₹100 — 200 credits to try

october 1976

Supreme Court of India · 1976-10-11

NARAYAN GOVIND GAVATE ETC. vs STATE OF MAHARASHTRA

Citation / case number
SC 1969/60226
Court
Supreme Court of India
Petitioner
NARAYAN GOVIND GAVATE ETC.
Respondent
STATE OF MAHARASHTRA
Author
M. HAMEEDULLAH BEG
Bench
M. HAMEEDULLAH BEG

Judgment text excerpt

The Supreme Court clarified the principles of burden of proof under the Indian Evidence Act, specifically Sections 101, 102, 103, 106, and 114. It established that the burden lies on the party who would fail if no evidence is presented, and that the totality of evidence must be weighed at the end of a trial rather than in disjointed parts. The Court emphasized that presumptions can arise from the failure to produce evidence and that the onus of proof is particularly significant in cases of insufficient evidence or when evidence is equally balanced.

NARAYAN GOVIND GAVATE ETC. vs STATE OF MAHARASHTRA · Niyam