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Preponderance Of Probabilities

How a fact is to be proved in Civil case? The normal rule which governs civil proceedings is that a fact will be said to be showed if it's proved by a preponderance of probabilities. Narayan Ganesh Dastane Vs. Sucheta Narayan Dastane, 1975 AIR 1534. this can be for the reason that under the Evidence Act, section 3, a fact is claimed to be proved when the court either believes it to exist or considers its existence so probable that a prudent man ought, under the circumstances of the actual case, to work the supposition that it exists.

The belief about the existence of a proven fact that thus be founded on a balance of probabilities. A prudent man faced with conflicting probabilities concerning a fact-situation will act on the supposition that the actual fact exists, if no weighing the varied probabilities he finds that the preponderance is in favor of the existence of the actual fact.

As a prudent man, therefore the court applies this test for finding whether a fact in issue will be said to be proved. the primary step during this process is to repair the chances, the second to weigh them though the 2 may often intermingle. The impossible is weeded out at the primary stage, the improbable at the second. Withing within the wide choice of probabilities the court has often a difficult choice to make but it is this choice which ultimately figures out where the preponderance of probabilities lies.

Important issues like those which affect the status of parties demand a closer scrutiny than those like the loan on promissory note the nature and gravity of an issue necessarily determines the manner of attaining reasonable satisfications of the truth of the issue.
  1. The degree of probability depends on the subject-matter. In proportion as the offence is grave, so ought the proof to be clear. Lord Denning.
  2. But whether the issue is one of cruelty or of a loan on promote, the test to apply is whether on a preponderance of probabilities the relevant fact is proved.
  3. IN civil cases this, normally, is the standard of proof to apply for finding whether the burden of proof is discharged.

Critical issues like those which affect the status of parties demand a more in-depth scrutiny than those just like the loan on note the character and gravity of a problem necessarily determines the way of achieving reasonable satisfaction of the reality of the problem.
  1. The degree of probability depends on the subject-matter. In proportion because the offence is grave, so ought the proof to be clear. Lord Denning.
  2. But whether the problem is one in all cruelty or of a loan on promote, the test to use is whether or not on a preponderance of probabilities the relevant fact is proved.
  3. IN civil cases this, normally, is that the standard of proof to use for finding whether the burden of proof is discharged.

Admissions In Civil Cases:
Order 8 Rule 5 CPC
Order XII Rule 6 CPC
Order XV Rule 1 CPC (Judgment on admissions)
In case R.K. Markan vs. Rajiv Kumar Markan, 2003 AIHC 632 (633) Delhi, wherein it absolutely was observed as under :-For passing a decree on the idea of admission of the defendants within the pleadings, law is well settled that the admission needs to be unequivocal and unqualified and also the admission within the written statement should even be taken as a whole and not in part.

It was also seen just in case Razia Begum v. Sahibzada Anwar Begum, 1958 SC 886 that order 12 Rule 6 should be read together with proviso to Rule 5 of Order 8 CPC. during this case it absolutely was seen that the court is not absolute to grant declaration prayed for on the mere admission of the claim by the defendant, if the court has reason to insist upon a transparent proof aside from admissions. cf.: Uttam Singh Dugal and Co. Ltd. vs. United Bank of India 2000 (4) R.C.R. (Civil) 89; M/s Puran Chand Packaging Industrial Pvt. Ltd. vs. Smt. Sona Devi and another, 2009.

Appreciation Of Documentary Evidence In Civil Case: - The Honble Sri Justice Ramesh Ranganathan And Honble Sri Justice M. Satyanarayana Murthy, in P. Madhusudhan Rao vs Lt.Col.Ravi Manan, Civil Revision Petition No.4515 Of 2014, Date of judgment on12-03-2015, clearly illustrated the foundations for interpretation of a document with an aid of rulings of the Hon'ble Supreme Court of India.

The Supreme Court in Delhi Development of Authority Vs. Durga Chand, 1973 AIR 2609 has also noticed Odgers Rules and quoted them approvingly and because the observation of the Supreme Court has the force of law of the land, it should be taken Odgers Rules (known as golden rules of interpretation) are judicially recognized and should be adopted as Rules for interpretation of the documents in India.

Order 13 Rule 4 sub rule 1 CPC:
Admission of documents under Order 13 Rule 4 of Civil Procedure Code does not bind the parties and unproved documents cannot be considered proved nor do they become evidence within the case without formal proof. Case law:
Ferrozine Vs. Nawab Khan, AIR 1928 LAHORE 432. Hari Singh Vs. Firm Karam Chand, AIR 1927 Lahore 115 Sudir Engineering Company Vs. Nitco Roadways Ltd, 1995 (34) DRJ 86

APPRECIATION OF EVIDENCE:
In Vrindavanibai Sambhaji Mane Vs. Ramachandra Vithal Ganeshkar et al., the Honorable Apex Court held that as follows; There is additionally an oversized body of case law about what are suspicious circumstances surrounding the execution of a Will which require the propounded to elucidate them to the satisfaction of the Court before the need may be accepted as genuine. A Will should be proved like every other document apart from the actual fact that it is to be proved after the death of the testator.

Hence, the person executing the documentis nott there to allow testimony. The propounded, within the absence of any suspicious circumstances surrounding the execution of the desire, is needed to prove the testamentary ability and also the signature of the testator. a number of the suspicious circumstances of which the Court has taken note are:
  1. The propounded taking a prominent part within the execution of a Will which confers substantial benefits on him;
  2. Shaky signature;
  3. A feeble mind which is probably going to be influenced;
  4. Unfair and unjust disposal of property. Suffice it to mention that no such circumstances are present here.

In Apolline D' Souza v. John D' Souza [(2007) 7 SCC 225], the Hon'ble Supreme Court held that the question on whether due attestation has been proven or not will depend upon the actual fact situation obtaining in each case. Therein, it had been held:
Section 68 of the Evidence Act, 1872 provides for the mode and manner within which execution of the necessity is to be proved. Proof of attestation of the need might be a compulsory requirement.

In P.P.K. Gopalan Nambiar v. P.P.K. Balakrishnan Nambiar it's been held that it's the duty of the propounded of the necessity to induce eliminate all the suspected features, but there must be real, germane and valid suspicious features and not fantasy of the doubting mind.

Award Winning Article Is Written By: Mr.Yash Vikram Singh
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Authentication No: AP110884619701-18-0421

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