Tag: Burden of proof

Burden of proving bribe under Prevention of Corruption Act

The trap for bribe:

P.W.2 was desirous for transfer of the electric connection on the land in question in his own name to facilitate a subsidy of Rs.625/­ every six months. The village administrative officer was required to sign the necessary documents for the purpose. P.W.2 lodged a written complaint on 17.12.2003 against the village administrative officer alone for having demanded a sum of Rs.600/­ as illegal gratification for the purpose. P.W.2 lodged a written report regarding the same. Necessary mazhar was prepared. The appellants were village assistants in the office of the village administrative officer. Continue reading “Burden of proving bribe under Prevention of Corruption Act” →

Burden of proof in patent case.

Patent proceedings: Determination of burden of proof

 Instrument of Patent

When a licensee seeks a declaratory judgment against a patentee that its products do not infringe the licensed patent, the patentee bears the burden of persuasion on the issue of infringement. [Pp. 6–11.]

This conclusion is strongly supported by three settled legal propositions: First, a patentee ordinarily bears the burden of proving infringement, Continue reading “Burden of proof in patent case.” →