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SHEKHAR MISHRA (public servant)     29 September 2008

Conclusive proof

What   is  conclusive   proof?


Learning

 6 Replies

Shree. ( Advocate.)     29 September 2008

Dear Sir,


Conclusive Proof means  forming an end or termination; especially putting an end to doubt or question; "conclusive proof"; "the evidence is conclusive"

 


In simple words, Conclusive Proof  means Clear and positive proof.

prof s c pratihar (medical practitioner &legal studies)     29 September 2008

there is no difference between conclusive evidence and conclusive proof.the aim of both being to give finality to the establishment of the existence of a factfrom the  proof of another.  (smt . samawanti vs state of punjab-AIR1963sc151at 160)

K.C.Suresh (Advocate)     30 September 2008

Dear Shekhar,


Evidence Act Sec. 4.  “May presume”  —Whenever it is provided by this Act that Court may presume a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for proof of it.

“Shall presume” —Whenever it is directed by this Act that the Court shall presume a fact, it shall regard such fact as proved, unless and until it is disproved.

“Conclusive proof”—When 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.

For a better understanding of conclusive proof the wordings of Section 112 of Indian Evidence Act may be gone through. It stated that  "Birth during marriage is a conclusive proof of legitimacy". Here the legal presumption is similar to that of the Latin Maxim, ‘pater est quem muptice demonstrat’, meaning thereby, ‘he is the father whom the marriage indicates’. From ancient times, it is the presumption that if the husband was within the four seas, at any time during the pregnancy of wife, the presumption was conclusive that her children were legitimate. Under this section, there is a conclusive presumption that a child born during the continuance of a valid marriage is a legitimate issue of parents, no matter, how soon the birth is, after the marriage.

I hope you have enlightened.  

 

 

K.C.Suresh (Advocate)     30 September 2008

Dear Shekhar,


Evidence Act Sec. 4.  “May presume”  —Whenever it is provided by this Act that Court may presume a fact, it may either regard such fact as proved, unless and until it is disproved, or may call for proof of it.

“Shall presume” —Whenever it is directed by this Act that the Court shall presume a fact, it shall regard such fact as proved, unless and until it is disproved.

“Conclusive proof”—When 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.

For a better understanding of conclusive proof the wordings of Section 112 of Indian Evidence Act may be gone through. It stated that  "Birth during marriage is a conclusive proof of legitimacy". Here the legal presumption is similar to that of the Latin Maxim, ‘pater est quem muptice demonstrat’, meaning thereby, ‘he is the father whom the marriage indicates’. From ancient times, it is the presumption that if the husband was within the four seas, at any time during the pregnancy of wife, the presumption was conclusive that her children were legitimate. Under this section, there is a conclusive presumption that a child born during the continuance of a valid marriage is a legitimate issue of parents, no matter, how soon the birth is, after the marriage.

I hope you have enlightened.  

 

 

SHEKHAR MISHRA (public servant)     30 September 2008

dear  Suresh,


Thank   you   for   making   me   enlightened.

Pradeep (Advocate)     30 September 2008

i want to add something more.


when the evidence Act declares some facts to be conclusive proof, no court shall Admit any further evidence to prove such fact. as given by the learned friends above, any child born to a lady during the subsistence of a valid marriege shall be the conclusive proof of the legitimacy of such child.


to be more precise, A and B are the couples. they have applied for the divoorce,and during the proceedings, Mrs. B gives birth to a child.


in such cases, court is not supposed to require any further evidence as to who is the father of such child. birth of the child during the subsistence of the marriege itself is the conclusive proof that the father of the child is Mr.A.


this is a legal presumption, though there are medical means to prove the contrary, court is not suppose to go for that...


 


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