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Distinction / Difference Between Proved, Disproved and Not Proved

The document defines proved, disproved, and not proved as legal terms regarding facts considered by a court. Proved means a fact is believed to exist or its existence is probable enough to act upon. Disproved means a fact is believed to not exist or its non-existence is probable enough to act upon. Not proved means a fact is neither proved nor disproved, and its existence or non-existence cannot be determined.

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5K views1 page

Distinction / Difference Between Proved, Disproved and Not Proved

The document defines proved, disproved, and not proved as legal terms regarding facts considered by a court. Proved means a fact is believed to exist or its existence is probable enough to act upon. Disproved means a fact is believed to not exist or its non-existence is probable enough to act upon. Not proved means a fact is neither proved nor disproved, and its existence or non-existence cannot be determined.

Uploaded by

Adan Hooda
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Distinction / Difference between Proved , Disproved and Not Proved.

               Section 3 defines proved, disproved and Not Proved as follows :

Proved -

A fact is said to be proved when, after considering the matters before it, the Court either believes it to exist,
or considers its existence so probable that a prudent man ought, under the circumstances of the particular
case, to act upon the supposition that it exists.

Disproved -

A fact is said to be disproved when, after considering the matters before it, the Court either believes that it
does not exist, or considers its non-existence so probable that a prudent man ought, under the
circumstances of the particular case, to act upon the supposition that it does not exist.

Not proved -

A fact is said not to be proved when it is neither proved nor disproved.

A fact is said to be not proved when either its existence nor its not existence is proved. It also indicates a
state of mind in between the two, that is one cannot say whether a fact is proved or disproved. It negatives
both proof and disproof.

Distinction between Proved, Disproved and Not Proved. 

No     Proved      Disproved   Not Proved 

1 The term ‘proved’ is The term ‘disproved’ is The term ‘Not Proved’ is a
positive negative. mean between the terms
proved and disproved

2 When fact is proved the When a fact is disproved no When a fact is not proved, it
court gives judgment in further question arises as to implies further evidence
favour of the person, who its proof. either to prove or disprove
has proved it.   the fact.

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