Evidence To Be Liberally Construed In Benevolent Legislations: Kerala High Court

Evidence To Be Liberally Construed In Benevolent Legislations

Case: Abdul Majeed & Anr v. P.V. Prajosh & Ors.

Coram: Justice A. Badharudeen

Case No.: MACA NO. 864 OF 2012

Court Observation: “It is the trite law that ‘preponderance of probabilities and possibilities’ is the rule of evidence to be applied while querying proof of allegations involved in civil cases. When coming to benevolent legislations, the rule of evidence is nothing but ‘preponderance of probabilities and possibilities’ and in such cases, the evidence shall be evaluated in a liberal manner without insisting for the extreme form of ‘preponderance of probabilities and possibilities'”

“… in a case based on a benevolent legislation, the evidence available as discussed herein above cannot be eschewed to hold that the deceased was not the cleaner in the lorry at the time of accident on the ground that no documentary evidence in this regard had been let in”

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