rule takes away judicial discretion either to attach the due probative value of fact A or not and requires prima facie the due probative value ... value of fact A in relation to the proof of the existence of fact B and in adding this statutory value to the probative force
single document pertaining to the
period prior to 1950 having probative value indicating the caste of the
petitioner as 'Koli Mahadeo', Scheduled Tribe ... Scheduled
Tribe category, pertaining to period prior to 1950 having probative
value. The Committee has considered all the documents produced,
and applying the affinity test
evidence or evidence if any, must be incapable of having any probative value. Both these cases are at par and mere suspicion out of bounds ... seen whether this material can be said to be of any probative value in the circumstances in which the cases have been detected
this connection must be grounded on material which is of rationally probative) value." His Lordship then considered the affidavits of the Chief Secretary filed ... order of detention is founded are based on materials of rationally probative value. If the facts (disclosed in the grounds) to which the grounds relate
value of fact A in relation to the proof of the existence of fact B and in adding this statutory value to the probative force ... difference in principle if the rule adds conclusive strength to the probative value of the said fact A, in relation to the proof
take into consideration any evidence which he considers to have probative value, and the provisions of the Indian Evidence Act, 1872 , have been made inapplicable ... Section 8 the following circumstances may also be taken to have probative value:--
(i) that the person concerned was acquitted of any offence punishable under
granted, it is open for the parties to argue about the probative
value attached to it. When it is shown that photostat copy by itself ... held that Photostat copy itself being suspicious document, no
probative value could be attached to it.
The proposition of law laid down in aforesaid judgments
until contents thereof have some
2
(2011) 4 SCC 240
6
probative value. Hence, drawing inference by the trial Court without
determining the probative value ... copies into evidence, but the
nature of the documents and the probative value of the documents
and possibilities of tampering the documents have
authentic dates as would make those documents admissible as evidence with probative value in law.
14. Consequently whenever there is a variance between an unproved ... public record, the latter must prevail as it has more probative value, carrying the presumption as it does under Section 79 of the Evidence
Supreme Court has observed and held as under;
The probative value of the material on record, has not been gone into. The materials have been ... Respondent submits that at the stage of framing of charges, probative value of the materials on record cannot be gone into by a trial Court
