Supreme Court of India
Government of Goa through the Chief Secretary v. Maria Julieta D’souza (d) & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the opinion that the High Court has correctly reappreciated the facts and evidence while exercising first appellate jurisdiction and has also followed the law as applicable in proving a suit for declaration.
Judgment, page 3
From the headnote
Issue for Consideration Whether the High Court, while allowing first appeal against judgment of trial court that dismissed the suit filed by respondent for declaration of title and injunction, had wrongly shifted the burden of proof on to the State (defendant) rather than requiring the plaintiff to prove its title. Headnotes Suit – Suit for declaration of title and injunction – Standard of proof – While inquiring into whether a fact is proved, sufficiency of evidence to be seen in the context of standard of proof, which in civil cases is by preponderance of probability. Held: While it was
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