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Question

What do you mean by 'onus probandi' ?

The correct answer is

'Burden of proof' which places the responsibility on the party making an affirmative claim to substantiate it with evidence.

Onus Probandi Meaning Explained

The Latin legal term 'onus probandi' translates directly to the 'burden of proof'.

This principle signifies the obligation placed upon a party involved in a legal dispute. Specifically, it requires the party making an affirmative claim or assertion to present sufficient evidence to substantiate that claim.

In essence, the party asserting something must prove it. This responsibility is crucial for establishing the facts of a case.

Option 1 correctly identifies 'onus probandi' as the 'burden of proof' and describes its function accurately.

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Important Questions from Mixed Topic (AIBE)

  1. Directions : The following question consists of two statements, one labelled as Assertion (A) and the other labelled as Reason (R). You are to examine these two statements carefully and decide if the Assertion (A) and the Reason (R) are individually true and if so, whether the Reason (R) is a correct explanation of the Assertion (A).

    Assertion (A) : The Constitution of India does not adopt a rigid separation of powers among the Legislature, Executive and Judiciary.

    Reason (R) : The constitutional framework incorporates a system of checks and balances, allowing limited functional overlap among the organs of the State.

    In the context of the Constitution of India, which one of the following is correct ?
  2. "The rules of natural justice were not confined to the narrow precincts of the prevailing definition of quasi-judicial functions." This principle was laid down in which case ?
  3. Ajeet Singh, a famous singer, enters into a contract with Yash Aditya Music Company agreeing to perform exclusively for them for 2 years and not to perform for any other company during that period. After one year, Ajeet Singh refuses to perform for Yash Aditya Music Company and begins performing for BR Chopra & Company. Yash Aditya Music Company files a suit seeking an injunction restraining Ajeet Singh from performing for BR Chopra & Company.

    Which of the following statements is correct under the Specific Relief Act, 1963 ?
  4. Under constitutional jurisprudence in India, repeated re-promulgation of Ordinances without placing them before the Legislature was described by the Supreme Court as a "fraud on the Constitution" in which decision ?
  5. Under the Patents Act, 1970, a patent is granted to an inventor in India. Which of the following correctly reflects a limitation on the patentee's rights under the law ?
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