Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Shifting of Burden of Proof (Section 102 IEA / Section 105 BSA)
Evidentiary Rules & Proof Standards
Definition
The dynamic evidentiary movement where the burden of adducing evidence shifts back and forth between parties as initial presumptions or prima facie evidence are established during trial.
Example
In a suit on a negotiable instrument, the plaintiff produces the dishonored cheque, triggering the statutory presumption under Section 118 of the NI Act; the burden immediately shifts to the drawer to introduce evidence proving absence of consideration.