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INTRODUCTION Every story has its own contents which is the combination of various facts Every person has to establish facts that go in his favor or against his opponent The burden of proof onus means the obligation to prove a fact As per onus probandi the burden of proof lies upon the party who would fail upon the party who would fail if no evidence were given at all The general principle is that the party who wish to establish the truth of certain facts must also prove them In other words the party who moved to the court must prove all facts necessary for the purpose The burden of proof is the obligation on a party to establish the facts in issue in a case to the required degree of certainty the standard of proof in order to prove their case Nature of the burden of proof onus Once the burden of introducing is discharged to the satisfaction of the court then the burden is shifted to the opposite party to show as to why legal action should not be taken against him Thus the burden of proof in the first instance which lies on the first party may be shifted to the other side by proving contradiction or facts in his favor To conclude it may be said that the burden of proof is an obligation of shifting nature and during trial of the case it shifts frequently The amount of evidence required to shift upon a party the burden displacing a party may depend on the circumstances of each case A presumption is not in itself evidence but only makes a prima facie case for party whose favour it exits Burden of proof- burden of proof is the obligation to prove a fact It is partys duty to prove a disputed assertion or charge The burden of proof includes both burden persuasion and production termed as onus probandi Burden of
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