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2006 Supreme(Gau) 947

I.A.ANSARI
Uttam Chand Kothari – Appellant
Versus
Gauri Shankar Jalan – Respondent


ORDER

I.A. Ansari, J.

1. Whether an admission made by a defendant, in his written statement, can be allowed to be withdrawn by way of amendment? Is there, in the matter of permitting such amendment of a written statement, any difference between an 'express admission' and an 'implied admission'? Can a lawyer's incorrect instructions, omission or failure leading to the making of an implied or express admission, in a written statement, be allowed to be withdrawn by way of amendment and if not, what is the remedy for a defendant, whose written statement contains, on account of incorrect instructions, failure or omission of his counsel, an admission, either express or implied? Is there any remedy available at all to a defendant if an admission, implied or express is made by him in a written statement, following incorrect instructions, omissions or failure on the part of his counsel and if so, what is the remedy? Should this Court interfere with the impugned order passed by the learned trial Court disallowing the defendant's prayer for amendment of his written statement? These are some of the prominent questions, which have arisen for determination in the present writ petition.

2. I have he
























































































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