VOLETI APPALARAJU Vs. STETE

JUDGEMENT

(1.) I dismiss this petition summarily as the order is not a revisable order I would, however like to take this opportunity to clarify a misconception, which I find to be widely prevalent in the legal profession as well as in the lower courts, that the question of burden of proof is concluded by the form in which an issue is framed. As far as possible, an issue should be framed in such a way that it does not purport to decide the question of onus proof. Even in a case in which it is not so framed, the determination of the question of burden of proof cannot depend on the form of the issue, but has in a case in which onus of proof is a matter in controversy, to be argued and a ruling thereon given by the Court at the appropriate stage after issues have been framed.