Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Declaration of title and injunction Suit |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Issue for Consideration: Whether the High Court, while allowing first appeal against judgment of trial court that dismissed the suit filed by respondent for declaration of title and injunction, had wrongly shifted the burden of proof on to the State (defendant) rather than requiring the plaintiff to prove its title.Suit – Suit for declaration of title and injunction – Standard of proof – While inquiring into whether a fact is proved, sufficiency of evidence to be seen in the context of standard of proof, which in civil cases is by preponderance of probability. Held: While it was submitted that the High Court wrongly shifted the plaintiff’s burden to prove its own case for declaration on to the State and that the plaintiff must prove its own case, it is found that what was being submitted was not about the burden of proof but the standard of proof – This is a matter relating to the sufficiency of evidence – 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 – By this test, 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. [Paras 6, 8] Evidence – Common law jurisprudence – 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] |
Judge | Hon'ble Mr. Justice Pamidighantam Sri Narasimha |
Neutral Citation | 2024 INSC 88 |
Petitioner | Government Of Goa Through The Chief Secretary |
Respondent | Maria Julieta D’souza (d) & Ors. |
SCR | [2024] 1 S.C.R. 1190 |
Judgement Date | 2024-01-31 |
Case Number | 722 |
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