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Showing posts with label admission. Show all posts
Showing posts with label admission. Show all posts
Saturday, 23 May 2026

Supreme Court: As per Order XII Rule 6 CPC, Admission Made In Criminal Case Can Be Used In Civil Proceedings

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While dismissing the Second Appeal, the High Court took notice of the admissions made by the petitioner in the criminal proceedings and obse...
Saturday, 1 February 2025

Bombay HC: An admission made during cross-examination of a witness by counsel of one accused does not bind another accused if they are represented by different advocates

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   Criminal Trial: Admission in Cross-Examination- In a criminal trial, an admission made during the cross-examination of a witness by the ...
Monday, 30 December 2024

Delhi HC: The expression "the matters before it" in the definition of "proof are wide enough to cover matters which are not "evidence" as defined in the Act

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  "13. Section 3 of the Indian Evidence Act, 1872 13.1 Proof:  A fact is said to be proved when, after considering the matters before i...
Sunday, 26 May 2024

Is an admission by a father that his illegitimate child is legitimate binding on his successors?

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 The Privy Council in Gopal Das and Anr. v. Sri Thakurji and Ors.   MANU/PR/0002/1943 : AIR 1943 PC 83, held that a statement made by a pers...
Tuesday, 7 March 2023

Whether the court can make additions to the decree on admission during execution of decree if defendant has not filed his written statement?

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This Court has time and again cautioned against the Execution Court adopting such an approach. In Topanmal Chhotamal v. Kundomal Gangaram,9 ...
Thursday, 2 March 2023

Whether plaintiff's case can be proved based on the admission of defendants in their pleadings, oral evidence or the documents produced by them?

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After the parties lead evidence on the basis of the respective pleadings and tender oral as well as documentary evidence on record, the case...
Tuesday, 9 August 2022

Golden principles for deciding application for amendment of written statement

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    What emerges from the various authorities cited above is that normally, amendment to a written statement is allowed subject to a few exc...
Saturday, 9 July 2022

Can the court pass a decree on admission under O12 R 6 of CPC if there is no clear and categorical admission?

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Be that as it may, the arguments advanced by both the sides, in our view can be appreciated by the Trial Court by affording opportunity to t...
Saturday, 21 November 2020

How to appreciate evidence in case of admission of guilt by law student about plagiarism?

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 The vehement contention of the University Counsel that, petitioner in his mail dated 02.03.2020 has admitted the ‘offence of plagiarism’, i...
Wednesday, 2 September 2020

Whether court can insist on plaintiff to prove his case if it can not allow withdrawal of implied admission in a written statement?

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What is important to note is that the proviso to Rule 5 gives to the Court the power to insist that notwithstanding the fact that there is...
Wednesday, 13 May 2020

Landmark Supreme Court Judgment on the admissibility of admission given by accused in his first information report

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  The report is not a confession of the appellant. It is not a statement made to a police officer during the course of investigation. Sec...
Sunday, 26 April 2020

What are exceptions to rule that evasive denial in pleading amounts to admission in proceeding before the family court?

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  It was pointed out on behalf of the appellant that none of the allegations of mental cruelty narrated in Paragraph No. 17 of this judgm...
Saturday, 11 January 2020

Whether it is necessary to prove that there was joint family for seeking partition of joint family property?

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Re: Burden of Proof: 26. Initial burden of proving that himself and defendants constituted the joint family was on the plaintiff. Mere...
Sunday, 5 January 2020

Whether admission given in legal notice can be relied on if attention of witness is not drawn to that admission?

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In the other two decisions, cited by Sri H.S. Dwarakanath on this point, it has been held that admission furnishes the best evidence. Exam...
Saturday, 28 December 2019

To what extent deposition of witness made in earlier proceeding can be marked?

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In view of the above precedential guidance, it is clear that as it is the case of the revision petitioner/respondent in the instant OP tha...
Wednesday, 2 October 2019

Whether decree for specific performance of contract on admission can be granted in absence of specific pleading?

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 I do not see how it is open to the Plaintiff to now get indirectly that which it completely failed to get by a frontal application square...
Monday, 30 September 2019

Whether admission given by accused during investigation is substantive evidence?

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 Bar Under Section 162 Code of Criminal Procedure, no doubt, operates in regard to the statement made to a Police Officer in between two p...

Whether police can examine person named as accused in FIR U/S 161 of CRPC?

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Therefore, the combined effect of these provisions can be summarized as follows: Unless a person is Accused of an offence, he cannot c...
Saturday, 17 August 2019

Questions and answers on law(Part 1)

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1) Doctrine behind S 27 of evidence Act Ans:In the matter of:  Navaneethakrishnan  V/s  The State by Inspector of Police , Criminal Appeal...
Monday, 6 May 2019

Whether court can consider fact of retirement of landlord even if he has not incorporated said plea by amendment?

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  Even before us it was admitted that the appellant had retired from service on the date stated by him. The appellant's retirement fro...