Prepared by
a public officer in discharge of his official duties-
Probative value of- Sections 13 , 40 , 41 , 42 and 43-Recitale
in judgments ... document but which assumes importance
only when the court considers the probative value of a
particular document. In short, all the essential conditions
of section
rule takes away
judicial discretion either to attach the due probative value
to 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
observed :--
"Admissibility of a document is one thing and its probative value quite another -- these two aspects cannot be combined. A document ... carry any conviction and weight or its probative value may be nil."
22. In view of the above observations
evidence though the court has the right to
examine their probative value.
It is argued that it is a public document duly certified ... other words, evidence is
probative if it tends towards proof or disproof of a fact in issue. The
probative 'value' of evidence
report is admissible and if so
what is its probative value. It is the first hurdle which the complainants have to cross.
Since
the admissibility ... recitals are correct or that it has very great probative value merely
because it happens to be an ancient document.
Admissibility of a document
under:-
"Admissibility of a document is one thing and
its probative value quite another - these two
aspects cannot be combined. A document ... carry any
10
conviction and weight of its probative value
may be nil.. . . . .
Where a report is given by a responsible
officer, which is based
commissioner acts, whatever its source, must be at least of some probative value.
Diplock L.J. made the following pertinent observations at pages ... account any material which, as a matter of reason, has some probative value in the sense mentioned above. If it is capable of having
proved in support of the
age of the prosecutix and their probative value, the Supreme Court in the case
of Satpal Singh v. State ... Admissibility of a document is one thing and its probative
value quite another--these two aspects cannot be combined. A
document may be admissible
made dependent on the relative importance of the document or probative value thereof. The documents being primary or secondary or substantive or corroborative ... piece of evidence as substantive or corroborative in terms of its probative value and quite different thing to speak of its being no evidence
Supreme Court while distinguishing between
admissibility of a document and its probative value observed as
follows;
"18. Therefore, a document may be admissible ... whether the entry contained therein has any
probative value may still be required to be examined in
the facts and circumstances of a particular case
