Can Courts Accept Admissions from Illiterate Elderly Witnesses?

2013 0 Supreme(All) 989

The Court has also said that in order to bring the evidence of a witness as that of an expert it has to be shown that he has made a special study on the subject or acquired a special experience therein or in other words that he is skilled and has adequate knowledge on the subject. ... —Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist. ... This is not to....

Shenoy must necessarily have been believed by the trial Judge when he stated that these admissions were made, and that these admissions, either by themselves or together with admissions alleged to have been made by the assured in certain letters alleged to have been written to the witness Kochakan ... The legal relationship of the insurance agent vis a vis his employer on the one hand and the illiterate applicant for insurance on the other therefore becomes vita....

2024 Supreme(SRI)(SC) 12688

Therefore, requiring such party to prove or provide an explanation on the facts already admitted would be redundant and would undermine the purpose of such admissions. ... Consequently, once an admission is properly made in accordance with legal requirements, it attains a finality that binds the parties and precludes any change in stance regarding the admitted facts. ... Such admissions would waive the need of evidence by conceding the facts to be pl....

2008 0 Supreme(Bom) 1649

The Trial Court considered certain admissions of PW Geetabai while rejecting her testimony. She admits, no doubt, that she narrated the facts shown in the plaint as per instructions of her brother. ... The Trial Court discarded her testimony for the reason that she is an interested witness and also because she was unable to give details about period of marriages of her sons and daughters. Her affidavit bears thumb impression. She is an illiterate old woman aged about ....

In addition to other testimony, the prosecution led in evidence certain admissions which were alleged to have been made by the appellant the Police Officers. ... which can establish motive, or opportunity or knowledge of a death, does not suggest an inference that offence was committed -by him; the inference which such a- fact suggests is only that he may have had a reason or an opportunity for, or knowledge as to the commission of, the offence. ... There was little room for doubt, having regard ....

2021 0 Supreme(Bom) 1804

In his cross-examination he has admitted that he used to give money to various persons on various dates and certain was due from defendant No.1 to him, however, except his bare statement there is nothing on record to show that any such amount was due from defendant No.1 to him. ... In her cross-examination DW.1 Shantabai has stated that she was not having knowledge as to how much was the loan of land mortgaged bank due from defendant No.1. ... It was contended that taking into consider....

2002 0 Supreme(HP) 76

Assembly, hi view of such admissions, neither he can claim to be illiterate nor so innocent as to be incapable of acquiring knowledge despite appearance in the execution proceedings that an ex-parte decree had already been passed against him which is being sought to be executed. ... The brief and admitted facts leading to the presentation of the present petition are that respondent institud civil Suit No. 15 of 1992 against the petitioner and for default of appearance of the petitioner, the suit was dec....

Gujarat High Court

(c) That a man said certain words, is a fact. ... If we refer the crossexamination of plaintiffs’ witness, it transpires that on many material facts, the witness has no knowledge with regard to the administration of the suit premises. ... As to discarding of the evidence of power of attorney of the landlord, It is required to be noted that after appreciation of the testimony of the power of attorney, the trial Court recorded the finding that the said#HL_END....

Bombay

various persons on various dates and certain was due from defendant No.1 ... Further, in his cross-examination, plaintiff himself and plaintiff’s witnesses have admitted that a certain amount of the loan consideration these admissions it can be said that the father was in any legal necessity to defendant No.4 and, therefore, the said sale Except bare words of DW.3 Baliram there is nothing.

1956 0 Supreme(All) 112

For the above reasons, I find it difficult to accept the view taken in air 1946 Lah 65 (FB) (B ). ... The words "intended to contradict" are to be differentiated from the words "used to contradict. " the fact that an admission may be used to contradict a witness does not mean that it was filed for that purpose. Admissions may be said to have a double purpose. ... But where the witness is a party to the case and his previous admission has already been....

2022 0 Supreme(Bom) 1282

This witness further admitted that the name Sarika was not entered when the said entry has been made. This witness admitted that in the month of June 1983 this is only the entry in the said register. AS per this original register the birth date of Sarika Ganpat Jamdade is 14/6/1983. In the cross-examination, this witness admitted that he had no personal knowledge about the said entry.

2020 0 Supreme(Bom) 726

The said witness admitted that he had not witnessed the accident and had no personal knowledge about the said accident. The appellant however cross-examined the said witness. It was not the case of the appellant that the accident had taken place due to the negligence of the said deceased.

2018 0 Supreme(P&H) 522

R2 to R5 or the situation of the land sold through the said sale deeds. The Cattle Fair Officer Shri Gurnet Singh was examined as RW-3 who deposed that the land was not yielding any crops. 16. RW-2, Balwinder Singh, Registration Clerk had produced the sale deed Ex. R2 to R5 and admitted that he was not party to said sale deed and he has no personal knowledge about Ex.

2017 0 Supreme(Ori) 690

This witness has also stated the reasons as to how he could derive said knowledge. Corroboration on all the material particulars has come from the evidence of P.W. 2 who has stated about the possession of the property of the plaintiff since 1952.

2013 0 Supreme(MP) 1291

In answer to this question, the witness said that he had no knowledge about the aforesaid facts. He further admitted that particular of the house has not been mentioned in the 'will'. He also admitted that on the ground floor two tenants had been residing in some portion of the suit property and they had been paying the rent to Prakash Narayan Dubey and after his death, the rent was paid to the defendant. He further admitted that the document (Ex. P/1) was prepared by his father, who was an advocate.