What is Conclusive Proof or Irrebuttable Presumption?
According to Dictionary meaning "Conclusive proof refers to presumption which cannot be overcome or changed by any additional evidence or argument.
According to Section 4 of the Indian Evidence Act, 1872 “Conclusive proof” – Where one fact is declared by this Act to be conclusive proof of another, the Court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it.
'ABC' and 'XYZ' are married but divorced. In this case, when the question arises whether 'ABC' and 'XYZ' are husband and wife if the decree of divorce is submitted to the Court, The court shall presume that they are no longer husband and wife from the date of such decree of divorce.
In the above example, the Divorce decree is regarded as Conclusive proof.
Provisions relating to conclusive proof or Irrebuttable presumptions of law -
Section 41 Section 112 and Section 113 of the Indian Evidence Act,1872 speaks about conclusive proof or Irrebuttable presumption of law as stated below -
Section 41 the Indian Evidence Act,1872 deals with "relevancy of certain judgments in probate, etc jurisdiction"
Section 112 of the said Act, deals with " Birth during marriage, conclusive proof of legitimacy"
Section 113 of the Indian Evidence Act, deals with "Proof of cession of territory"
Section 41 of the Indian Evidence Act -
Relevancy of certain judgments in probate, etc. jurisdiction -
A final judgment, order or decree of a Competent Court, in exercise of probate, matrimonial, admiralty or insolvency jurisdiction, which confers upon or to take away from any person any legal character, or which declares any person to be entitled to any such character, or to be entitled to any specific thing not as against any specified person but absolutely, is relevant when the existence of any legal character, or the title of any such person to any such thing, is relevant.
Such judgment, order or decree is conclusive proof -
That any legal character which it confers accrued at the time when such judgment, order or decree come into operation;
That any legal character to which it declares and such person to be entitled, accrued to that person at the time when such judgment, order or decree declares it to have accrued to that person;
That any legal character to which it takes away from any such person ceased at the time from which such judgment, order or decree declared that it had ceased or should cease.
And that anything to which it declares any person to be so entitled was the property of that person at the time from which such judgment, 1order or decree declares that it had been or should be his property.
Section 112 of the Indian Evidence Act -
Birth during marriage, conclusive proof of legitimacy -
The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten.
Section 113 of the Indian Evidence Act -
Proof of cession of territory
A notification in the Official Gazette that any portion of British territory has before the commencement of Part III of the Government of India Act,1935, (26 Geo. 5 Ch. 2) been caddied to any Native State, Prince or Ruler, shall be conclusive proof that a valid session of such territory took place at the date mentioned in such notification.
Classification of Presumptions under the Indian Evidence Act 1872
Various Presumptions as to Documents Under the Indian Evidence Act 1872
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