SEM VI Law of Evidence – Unit IV Class Notes
Burden of Proof
- The General Conception of Onus Probandi (Section 101):
- Definition: The burden of proof (onus probandi) refers to the obligation of a party to prove the facts they assert in a legal dispute.
- Rule: The burden of proof lies on the party who asserts the affirmative of a case, i.e., the party who makes a claim must prove it.
- General and Special Exceptions to Onus Probandi (Sections 102-106):
- Section 102: The burden of proof lies on the party who would fail if no further evidence is presented.
- Section 103: In civil cases, the burden of proving any particular fact lies on the party who asserts the existence of that fact.
- Section 104-105: Provides rules about burden in cases involving presumptions and special situations.
- Section 106: When a fact is especially within the knowledge of a party, the burden of proving that fact lies on them.
- Section 102: If A and B are in dispute about the terms of a contract, the burden of proving the contract’s terms lies on A if A claims B breached the contract.
- Section 106: If A claims that B stole his watch, and the watch was last seen in B’s possession, B must prove that they did not steal it.
- The Justification of Presumption and Burden of Proof (Sections 107-114):
- Sections 107-114: Deal with presumptions and their effect on the burden of proof. These sections include various presumptions such as the presumption of legitimacy of a child and presumption of dowry death.
- Presumption of Legitimacy (Section 112): A child born during a valid marriage is presumed to be the legitimate child of the parties to the marriage.
- Presumption of Dowry Death (Section 113): In cases of death by dowry harassment, a presumption of dowry death can be made if the deceased was subjected to cruelty or harassment related to dowry demands.
Doctrine of Judicial Notice and Presumptions
- Judicial Notice:
- Definition: The court may accept certain facts as true without requiring formal evidence, known as judicial notice.
- Scope: Includes facts that are common knowledge or can be verified easily from public records.
- Judicial Notice: The court may take judicial notice of the fact that the sun rises in the east.
- Presumptions:
- Definition: Assumptions made by the court about the truth of a fact until disproven.
- Types:
- Rebuttable Presumptions: Can be refuted by evidence.
- Irrebuttable Presumptions: Cannot be disproven.
- Presumption of Death (Section 113): The court may presume a person is dead if they have not been heard from for a specified period, though this presumption can be rebutted.
Estoppel
- Introduction and Scope (Section 115):
- Definition: Estoppel prevents a person from denying or asserting something contrary to what has been established as true by their own actions or statements.
- Rationale: Aims to prevent unjust behavior and ensure fairness by upholding representations made by a party.
- Estoppel by Representation: If A has represented to B that a piece of land belongs to A and B relies on this representation to their detriment, A cannot later deny ownership.
- Estoppel Distinguished from Res Judicata:
- Estoppel: Prevents a party from contradicting statements or positions they have previously taken.
- Res Judicata: Prevents re-litigation of issues that have been conclusively settled in a previous judgment.
- Res Judicata: If a court has already ruled that A owes B $500, A cannot litigate this issue again.
- Estoppel: If A and B agree that a contract exists and later A denies the contract, estoppel prevents A from denying it.
- Waiver and Presumption:
- Waiver: The voluntary relinquishment of a known right. Unlike estoppel, waiver involves a conscious decision to forgo a right.
- Waiver: A tenant who does not object to a rent increase may be considered to have waived their right to challenge the increase.
- Kinds of Estoppel:
- Equitable Estoppel: Prevents a party from acting inconsistently with their previous conduct that has induced another party to act to their detriment.
- Promissory Estoppel: Prevents a party from going back on a promise that another party has relied upon, even if no formal contract exists.
- Tenancy Estoppel (Section 116): Prevents a tenant from denying the landlord’s title during the tenancy.
- Equitable Estoppel: If A leads B to believe that B will inherit a property, and B acts on this belief, A cannot later deny B’s right to inherit.
- Promissory Estoppel: If A promises B to make a gift and B relies on this promise, A may be estopped from reneging on the promise.
- Tenancy Estoppel: A tenant cannot dispute the landlord’s title to the property during the tenancy.