AI Overview...
Proviso of Section 58 of the Indian Evidence Act, 1872
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Admission of Facts - Section 58 states that facts admitted need not be proved, simplifying proceedings by recognizing certain facts as established through admission Oriental Insurance Company Ltd. VS Suniti Paul, W/o. Late Sunil Paul alias Sunil Ch. Paul - Tripura, JAGDISH PRASAD PATEL (DEAD) THROUGH LRS VS SHIVNATH - Supreme Court, Meenal Nigam VS Ravi Kalsi - Current Civil Cases.
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Proviso to Section 58 - The proviso grants courts discretion to require proof of facts admitted, beyond mere admissions, if deemed necessary for justice or clarity JAGDISH PRASAD PATEL (DEAD) THROUGH LRS VS SHIVNATH - Supreme Court, On The Death Of Buren Ch Bora VS Balik Debi - Gauhati, Meenal Nigam VS Ravi Kalsi - Current Civil Cases.
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Court's Discretion - Courts may insist on proof of admitted facts when they believe that the admission alone does not suffice for a fair decision, thus balancing efficiency with the need for reliable evidence JAGDISH PRASAD PATEL (DEAD) THROUGH LRS VS SHIVNATH - Supreme Court, On The Death Of Buren Ch Bora VS Balik Debi - Gauhati.
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Application in Evidence and Proceedings - The proviso is invoked in various contexts, such as civil suits, family law, and statutory proceedings, to ensure that admissions are not the sole basis for judgment if further proof is considered necessary On The Death Of Buren Ch Bora VS Balik Debi - Gauhati, Chandrashekhar S/o Gangadhar Wankhede vs Vandana Chandrashekhar Wankhede - Bombay, Binu Raj G, S/o. K. Gopalakrishnan VS Sandhya Lakshmi R, D/o. K. Velappan Pillai - Kerala.
Analysis and Conclusion
The proviso to Section 58 of the Evidence Act emphasizes judicial discretion, allowing courts to require proof of facts admitted if necessary for a just decision. While admissions streamline proceedings, the proviso ensures that such admissions are not blindly relied upon, preserving the integrity of evidence and fairness in adjudication Oriental Insurance Company Ltd. VS Suniti Paul, W/o. Late Sunil Paul alias Sunil Ch. Paul - Tripura, JAGDISH PRASAD PATEL (DEAD) THROUGH LRS VS SHIVNATH - Supreme Court, On The Death Of Buren Ch Bora VS Balik Debi - Gauhati.
References: - Oriental Insurance Company Ltd. VS Suniti Paul, W/o. Late Sunil Paul alias Sunil Ch. Paul - Tripura - JAGDISH PRASAD PATEL (DEAD) THROUGH LRS VS SHIVNATH - Supreme Court - Meenal Nigam VS Ravi Kalsi - Current Civil Cases - On The Death Of Buren Ch Bora VS Balik Debi - Gauhati - Chandrashekhar S/o Gangadhar Wankhede vs Vandana Chandrashekhar Wankhede - Bombay - Binu Raj G, S/o. K. Gopalakrishnan VS Sandhya Lakshmi R, D/o. K. Velappan Pillai - Kerala
Search Results for "Proviso of Section 58 of the Evidence Act 1872"
2017 0 Supreme(Tri) 4 • India - Tripura
T.VAIPHEI
Motor Vehicles Act - Compensation for vehicular accident - Section 173, Motor Vehicles Act, 1988 - [Section 173, Motor Vehicles ... Fact of the Case: The appeal concerned a compensation claim under Section 173, Motor Vehicles Act, 1988 for the death ... It also highlighted the requirement for reliable evidence to support the determination of compensation. ... True, admitted fact need not be proved, but then the Tribunal, in order to arrive at correct finding on the ....
2019 4 Supreme 379 • India - Supreme Court
R.BANUMATHI, R.SUBHASH REDDY
(2009) 11 SCC 141 – Relied upon ... (b) Indian Evidence ... Section 58 of the Evidence Act, no doubt, postulates that the things admitted need not be proved. However, proviso to Section 58 of the Evidence Act gives full discretion to the court to require the facts admitted to be proved otherwise than by such admission. ... Section 90 of the Evidence Act enables ....
2006 0 Supreme(P&H) 28 • India - Punjab and Haryana
M.M.KUMAR
(Para 13) ... Evidence Act, 1872 - Section 58 - Admissions - Court is ... (Para 8) ... Evidence Act, 1872 - Section 58 - Admissions - Wrongful ... and conduct to file the suit; c) that defendant no.2 instigated the plaintiff to file the present suit - Evidence of the plaintiff ... The trial Court further held that the Section 58 of the Evidence#HL_EN....
2007 0 Supreme(Del) 2723 • India - Delhi
PRADEEP NANDRAJOG
Evidence Act, 1872 Section 58 - Dismissal of the suit as Order 8 Rule 5(1) Notwithstanding a fact is not denied by the opposite party ... testimony of the appellant- The view taken by the courts below conforms to the principles of evaluation of oral and documentary evidence ... The same is mirrored even in the proviso to Section 58 of the Indian Evidence Act,1872. ... 14. Be tha....
2020 0 Supreme(Gau) 515 • India - Gauhati
ACHINTYA MALLA BUJOR BARUA
XII Rule 6 of CPC - [Order XII Rule 6 of CPC] - The court considered the admission made by the defendants in their pleadings and evidence ... In doing so, the learned trial Court shall also be guided by the provisions of the proviso to Section 58 of the Indian Evidence Act, 1872. ... For the purpose, if the plaintiffs are allowed to bring in any further evidence to prove their title, the defendants would also be entitled to bring in evidenc....
2024 Supreme(Online)(Bom) 7576 • India - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR
SANJAY A.DESHMUKH
(A) Hindu Marriage Act, 1955 - Section 13(1)(i-b) - Appeal against divorce decree - The appellant contended that the respondent had ... the evidence of both parties. ... to adduce cogent evidence indicating animus and factum of desertion, resulting in concurrent findings against him. ... It is because proviso to Section 58 of the Indian Evidence Act, 1872 says that Court may require further proof even though fact i....
• India - Current Civil Cases
R.G.KETKAR
... (C) Evidence Act Section 58 read with Order 8, Rule 5 C.P.C.- Proof ... Section 23 (1) of the Act lays down that in any proceeding under the Act, whether defended or not, if the Court is satisfied that ... of admitted facts- According to Section 58 admitted facts need not be proved- Order 8, Rule 5 provides that allegation of fact ... He also relied upon Section 21 and proviso to ....
2020 0 Supreme(Ker) 231 • India - Kerala
K.HARILAL, C.S.DIAS
Hindu Marriage Act - Section 13 (ia) -The unfounded allegations and unsavory barbs pleaded by the respondent ... The appellant had filed O.P.No.78/2011 before the Family Court, Ernakulam, seeking a decree of divorce under Section ... divorce- cumulative appreciation of the instances of cruelty-The respondent has treated the appellant with cruelty as provided under Section ... 58 of the Evidence Act, 1872. ... It is rudimentary, as provided under #HL_....
2020 Supreme(Online)(KER) 8766 • India - High Court of Kerala
K.HARILAL, C.S. DIAS, JJ
It affirmed that mental cruelty, evidenced by the respondent's behavior, warranted a divorce under section 13(1)(ia). ... Divorce - Family Law - Hindu Marriage Act, 1955, Section 13(1)(ia); Hindu Marriage (Kerala) Rules, 1963, Rule 4 - The court determined ... production of a marriage certificate under Rule 4 is directory and not a strict necessity; it further concluded that the cumulative evidence ... 58 of the Evidence Act, 1872. ....
2010 0 Supreme(Chh) 253 • India - Chhattisgarh
T.P.SHARMA
Accommodation Control Act, 1961 - Section 12(1)(t), Section 13(1) - The court discussed the evidence and admission of the defendant ... Issues: The issues included the reversal of the trial Court's judgment and decree by the lower appellate Court, the compliance with Section ... 13(1) of the Accommodation Control Act, and the justification of the lower appellate Court's decision regarding the ownership of ... Section 58 of the Indian Eviden....
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