Degree Of Certainty Must Be Arrived At Before A Fact Is Said To Be Proved: Madras High Court
Case: R. Selvaraj and ors v Amutha and ors
Coram: Justice N. Anand Venkatesh
Case No.: SA 257 and 260 of 2012
Court Observation:
“The Hon’ble Supreme Court has held that the probative value of a document has to be assessed strictly when it creates a new right in favour of a party. Such a document must be proved beyond doubts when it is put against registered documents where the same parties are involved and the unregistered document does not even find a mention in those registered documents.”
“Anything which serves, either immediately or mediately, to convince the mind of the truth or falsehood of a fact or proposition and the proof of matters of fact in general are our senses, the testimony of witnesses, the documents and the like. Proof does not mean proof to rigid mathematical demonstration, because that is impossible and it must only mean that such evidence as would induce a reasonable man to come to the conclusion. The degree of certainty which must be arrived at before a fact is said to be proved is what has been described in this section. The definition of proof centres around probability. It is beyond cavil that the Court while dealing with civil cases applies a standard of proof governed by preponderance of probabilities.”
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Keywords
Degree Of Certainty, Facts, Madras High Court
