Bharat Singh v Bhagirathi
AIR 1966 SC 40519661 min read
The case in brief30-second read
- Facts
- In a succession dispute, statements amounting to admissions by a party were relied on against him though he was not confronted with them when he gave evidence.
- Issue
- Whether an admission can be used against its maker as substantive evidence when he was not confronted with it in the witness box.
- Held
- An admission duly proved is substantive evidence under Ss.17 and 21 of the Evidence Act and can be used against the maker even if he was not confronted with it; confrontation under S.145 is needed only to contradict a witness. The admission must be clear and its weight is for the court.
- Principle
- Admissions are substantive evidence against the maker and need not first be put to him in cross-examination.
Facts
- In a succession dispute, statements amounting to admissions by a party were relied on against him though he was not confronted with them when he gave evidence.
Issue
- Whether an admission can be used against its maker as substantive evidence when he was not confronted with it in the witness box.
Held
- An admission duly proved is substantive evidence under Ss.17 and 21 of the Evidence Act and can be used against the maker even if he was not confronted with it; confrontation under S.145 is needed only to contradict a witness. The admission must be clear and its weight is for the court.
Cite this
Citation
Bharat Singh v Bhagirathi AIR 1966 SC 405Reported: https://api.sci.gov.in/jonew/judis/2907.pdf ; https://indiankanoon.org/doc/507283/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.