A Court after considering the evidence adduced before it and hearing arguments, comes first to a conclusion as to the existence or non existence of the various facts asserted or denied by the parties and, after finding all the facts, applies the rule of law. If all the facts stated in the rule of law are found to exist, the right or liability which would follow according to the rule of law is decreed or ordered by the court. When a court finds that fact exist, the facts are said to have been approved, If the Court finds they do not exist, they are said to be disproved.



Section 3 defines proved, disproved and Not Proved as follows :

Proved -

A fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists.

Disproved -

A fact is said to be disproved when, after considering the matters before it, the Court either believes that it does not exist, or considers its non-existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist.

Not proved -

A fact is said not to be proved when it is neither proved nor disproved.


A fact is said to be not proved when either its existence nor its not existence is proved. It also indicates a state of mind in between the two, that is one cannot say whether a fact is proved or disproved. It negatives both proof and disproof.



Distinction between Proved, Disproved and Not Proved. 


No

    Proved

     Disproved

  Not Proved 

1

The term ‘proved’ is positive

The term ‘disproved’ is negative.

The term ‘Not Proved’ is a mean between the terms proved and disproved

2

When fact is proved the court gives judgment in favour of the person, who has proved it.  

When a fact is disproved no further question arises as to its proof.

When a fact is not proved, it implies further evidence either to prove or disprove the fact.

0 comments:

Post a comment

See Also..