Govt. of Goa vs Maria Julieta D’Souza (D) 2024 INSC 88 – S 3 Evidence Act – Standard Of Proof

Indian Evidence Act, 1872; Section 3- . While inquiring into whether a fact is proved, the sufficiency of evidence is to be seen in the context of standard of proof, which in civil cases is by preponderance of probability – There is a clear distinction between burden of proof and standard of proof. This distinction is well-known to civil as well as criminal practitioners in common law jurisprudence. (Para 8)

Summary: The Trial Court dismissed the suit on two grounds: first, the plaintiff could not establish her title by way of a clear document of title in her favour. Second the suit is itself barred by limitation – High Court decreed the suit – Dismissing Appeal, the SC observed: Though no single document in itself concludes title in favour of the plaintiff, but this is not an issue of burden of proof, the High Court has correctly arrived at its conclusion regarding the existence of title in favour of the plaintiff on the basis of the evidence adduced.

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