Suit for Recovery-- Burden of Proof-- Once Loan is Admitted By Borrower Loan Transaction Requires No Further Proof — Onus Of Repayment Lies On Borrower
Under Section 58 of the Indian Evidence Act, 1872, facts admitted by parties need not be proved. Where a defendant admits receipt of a loan, the burden shifts to establish repayment. Cash transactions exceeding statutory limits may attract penalties under the Income Tax Act, but such transactions cannot be disregarded in civil proceedings if otherwise proved.
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