Collusion Needs Strict Proof: Legal Essentials

2023 0 Supreme(Del) 5701

The words "... without further proof or production of the original ... " make it clear that once the deeming fiction is given effect by the fulfilment of the conditions mentioned in the section, the "deemed document" now becomes admissible in evidence without further proof or production of the original ... Coming back to Section 65-B of the Evidence Act, sub-section (1) needs to be analysed. The sub-section begins with a non obstante clause, and then goes on to mention information contained in an electronic record produced by a computer, ....

2023 0 Supreme(UK) 570

Learned Tribunal has applied strict principles of evidence and standards of proof, which are applicable in a criminal trial. Law is well settled that in Motor Accident Claims cases, the standard of proof to be applied is that of preponderance of probabilities rather than beyond reasonable doubt. ... Equally, we are concerned over the failure of the High Court to be cognizant of the fact that strict principles of evidence and standards of proof like in a criminal trial are inapplicable in MACT claim case....

2025 Supreme(Online)(SCDRC) 4522

holder/drawee, the Branch Manager obtaining the ID proof etc.; that it is absurd to say regarding collusion between the opposite parties No.1 & 2 that too by forging the signature of complainant No.2 to withdraw Rs.1,64,000/-; that it seems, there is a collusion between the complainants and the ... The brief averments of the counter of opposite party No.2 are that the complainants are put to strict proof of the averments made in the complaint except those that are admitted; that the opposite party No.2 ....

2023 0 Supreme(UK) 649

Even otherwise also, learned Tribunal has applied strict principles of evidence and standards of proof, which are applicable in a criminal trial. ... Equally, we are concerned over the failure of the High Court to be cognizant of the fact that strict principles of evidence and standards of proof like in a criminal trial are inapplicable in MACT claim cases. ... It was necessary to be borne in mind that strict proof of an accident caused by a particular bus in a particular manner may no....

High Court of Punjab and Haryana

Vehicles Act,1988, (for short ‘the act’) is a beneficial legislation and as such So far as argument of learned counsel for the appellant that respondent No.1 failed to discharge his burden of proof ... Reddy and another”, reported as 2014 (1) RCR (Civil) 443, interest needs ... However, it also needs to be considered that a serious injury not only permanently imposes physical p style="position:absolute;white-space

2024 0 Supreme(All) 1022

Equally, we are concerned over the failure of the High Court to be cognizant of the fact that strict principles of evidence and standards of proof like in a criminal trial are inapplicable in MACT claim cases. ... It is well settled law that strict proof of evidence are not applicable in the case of motor accident and the claim petition under the Motor Vehicle Act would not be dismissed on the ground of delay in lodging the first informant report. 19. ... Versus Rajasthan State Road Transport Corporation and Anr. reporte....

2022 0 Supreme(HP) 797

Further, the Courts/Tribunals must be mindful of the fact that strict principles of evidence and standards of proof like in a criminal trial are inapplicable to MACT case as the standard of proof in such like matters is one of preponderance of probabilities, rather than to prove beyond reasonable doubt ... The claimant is the daughter of the deceased, who belongs to the State of Jharkhand and it would be extremely harsh and otherwise unwarranted to place a very strict proof of the mode and manner of the....

2025 Supreme(Online)(Ker) 43762

Though the 2nd opposite party cross-examined AW1, no suggestion was put to AW1 denying the aforesaid facts stated in the Proof Affidavit of AW1. For the claims under the Employee’s Compensation Act, the strict rules of pleadings and evidence are not applicable. ... The application was filed in collusion with the 1st opposite party and this fact is revealed from the written statement of the 1st opposite party, who supported the case of the applicants. ... decision of this Court in Sakkir Hussain (supra) cited by the learned counsel for the....

In regard to the burden of proof in a divorce case, it is now settled law that the Court must demand the same strict standard of proof-proof beyond reasonable doubt-as is required to support a conviction in a criminal court- Preston Jones v. Preston Jones1[(1951) A. C. 391; (1951) 1 A. E. ... He said : "Keeping in mind that a civil court (even in divorce proceedings) does not require the same strict standard of proof as a criminal court in a charge of a similar nature, and that ....

Bombay

proof of evidence is not required. ... proof of evidence, as loss sustained by present claimant Zishan and the compensation probabilities are to be taken into consideration while recording negligence arrived at by the learned Tribunal on the principle of preponderance of probabilities and strict

2022 0 Supreme(Bom) 1001

After all, whether or not there has been collusion is a question of fact. In the absence of any foundation having been laid to prove collusion, we are of the view that the contention is not well taken. Once pleaded, the Court may, upon looking at the reply-affidavit, decide whether collusion is proved or not. There needs to be a factual foundation therefor, meaning thereby that collusion has to be pleaded.

2017 0 Supreme(Tri) 16

In the instant, the respondent No.1 and the respondent No.2 had been having acrimonious matrimonial disputes in Court, both civil and criminal for many years. In the absence of sufficient evidence, it is not possible to say that there was collusion between the two respondents to enable the respondent No.1 to obtain the decree of divorce. General allegations, however strong may be the views in which they are stated, are insufficient even to amount to an averment of collusion of which any Court ought to take notice. Collusion, like any fact, can be proved by circumstantial evidence a....

2009 0 Supreme(Gau) 757

It requires a high degree of proof to substantiate the allegation of fraud and collusion. The appellate judgment reveals that the issue No. 8 has been answered in favour of the plaintiffs on the basis of the presumption only, as it has held that "it can be said that presumption can be drawn for purchase of the suit land and premises by the Appellant/Defendant No. 1 from Md. Eusuf Ali and Md. Aminullah in 1967 vide the alleged sale deed Exhibit-Ka or Exhibit-Kha was obtained collusively." It is true that when the fraud or collusion is alleged, the burden lies on the plaintif....

2005 0 Supreme(Mad) 797

Allegations of collusion, like those of mala fides, have to be established by strong proof, and inference of collusion or mala fides cannot be made, as it has been made by the learned single Judge, on mere hunches, suspicions, conjectures and surmises. The learned single Judge has observed that many questions have not been properly answered by the BCCI regarding the episode of the involvement of Price Waterhouse Coopers. In our opinion, there is no proof of collusion between ESPN and the BCCI in the filing of the writ petition before the Bombay High Court.

Consumer

The attitude of a patient is poised between trust in the learning of another and the general distress of one who is in a state of uncertainty and such ambivalence naturally to a sense of inferiority and it is, therefore, the function of medical ethics to ensure that the superiority of the doctor is not abused in any manner. 5. There is catena of case law from the Apex Court which fortifies our view that the medical negligence needs a strict proof. Apex Court in M/s. Spring Meadows Hospital and Another v. Harjoi Ahluwalia through K.S. Ahluwalia and Another, AIR 1998 S.C. 180....