BURDEN OF PROOF IN COMMERCIAL TRANSACTIONS UNDER THE INDIAN EVIDENCE LAW

AUTHOR – ANANYAA VARMA, STUDENT AT BENNETT UNIVERSITY

BEST CITATION – ANANYAA VARMA, BURDEN OF PROOF IN COMMERCIAL TRANSACTIONS UNDER THE INDIAN EVIDENCE LAW, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (1) OF 2024, PG. 1246-1249, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research paper looks at the issues and challenges involved in setting the burden of proof in commercial transactions under Indian evidence law. Drawing on legal concepts, case law research, and practical insights, the paper investigates the challenges of assigning the burden of proof amongst parties in business disputes. The nature of the transaction, the documentation and evidence available, burden-shifting measures, the level of proof necessary, and practical issues are all examined to provide a thorough understanding of the burden of proof in commercial transactions. Through a careful consideration of these issues, the paper aims to add to the continuing discussion about commercial law in India and provide support for practitioners and researchers navigating the intricacies of burden of proof in commercial litigation.