20. . - Statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions. Illustration The question is, whether a horse sold by A to B is sound. A says to B -- "Go and ask C, C knows all about it." C's statement is an admission. =============... ... ...

19. - Statements made by persons whose position or liability, it is necessary to prove as against any party to the suit, are admissions, if such statements would be relevant as against such persons in relation to such position or liability in a suit brought by or against them, and if they are made whilst the person making them occupies such position or is subject to such liability. Illustration A undertakes to collect rents for B. B sues A for not collecting rent due from C to B. A ... ... ...

18. . - Statements made by a party to the proceeding, or by an agent to any such party, whom the Court regards, under the circumstances of the case, as expressly or impliedly authorised by him to make them, are admissions. =============... ... ...

ADMISSIONS 17. . - An admission is a statement, ^1[oral or documentary or contained in electronic form], which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned.     *************** NOTES:- 1. Subs. by Act 21 of 2000, s. 92 and the Second Schedule, for "oral or documentary," (w.e.f. 17-10-2000). =============... ... ...

16. . - When there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is a relevant fact. Illustrations (a) The question is, whether a particular letter was despatched. The facts that it was the ordinary course of business for all letters put in a certain place to be carried to the post, and that particular letter was put in that place are relevant. (b) The question is, whether a particular l... ... ...

15. . - When there is a question whether an act was accidental or intentional, ^1[or done with a particular knowledge or intention,] the fact that such act formed part of a series of similar occurrences, in each of which the person doing the act was concerned, is relevant. Illustrations (a) A is accused of burning down his house in order to obtain money for which it is insured. The facts that A lived in several houses successively each of which he insured, in each of which a fire occurr... ... ...

HON'BLE MR. JUSTICE VIKRAM NATH AND HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For the Appellant : Mr. Subir Kumar, Adv.  Mr. Vardhman Kaushik, AOR  Mr. Nishant Gautam, Adv.  Mr. Dhruv Joshi, Adv.  Mr. Ajay Kanojiya, Adv.  Mr. Ayush Singh, Adv.  Ms. Aayushi Sharma, Adv.  Mr. Abhinav Singh, Adv.  Mr. Mayank Sharma, Adv.  Mr. Vinay Kaushik, Adv.  Ms. Sanjana Mehrotra, Adv. For the Respondent : Mr. Aditya Vijay Kumar, Adv.  Mr. Chit... ... ...

14. . - Facts showing the existence of any state of mind such as intention, knowledge, good faith, negligence, rashness, ill-will or good-will towards any particular person, or showing the existence of any state of body or bodily feeling, are relevant, when the existence of any such state of mind or body or bodily feeling is in issue or relevant. ^1[Explanation 1. - A fact relevant as showing the existence of a relevant state of mind must show that the state of mind exists, not generally, but... ... ...

Where a right or custom is in issue, relevant facts include transactions that created, claimed, modified, recognised, asserted, denied or contradicted its existence. Particular instances in which the right or custom was claimed, recognised or exercised, or its exercise was disputed, asserted or departed from, are also relevant. For a fishery right, this may include ancestral grants, mortgages, inconsistent later grants, prior exercise, and interference by neighbours.

Relevance of evidence in a suit claiming damages extends to any fact capable of assisting the court in determining the amount that ought to be awarded. The fact must tend to enable assessment of the appropriate quantum of damages and is relevant for the limited purpose of quantifying the damages claim.

11. . - Facts not otherwise relevant are relevant- (1) if they are inconsistent with any fact in issue or relevant fact; (2) if by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable. Illustrations (a) The question is, whether A committed a crime at Calcutta on a certain day. The fact that, on that day, A was at Lahore is relevant. The fact that, near the time when the crime wa... ... ...

10. . - Where there is reasonable ground to believe that two or more persons have conspired together to commit an offence or an actionable wrong, anything said, done or written by any one of such persons in reference to their common intention, after the time when such intention was first entertained by any one of them, is a relevant fact as against each of the persons believed to be so conspiring, as well for the purpose of proving the existence of the conspiracy as for the purpose of showing th... ... ...

Explanatory and introductory facts are relevant where necessary to explain a fact in issue, support or rebut an inference, establish identity, fix time or place, or show the relationship between parties to a transaction. Their relevance is limited to what is necessary for that purpose. Contextual facts and accompanying statements may explain conduct or the nature of a transaction, while unrelated details remain irrelevant unless required to establish the necessary context.

Section 8 makes facts showing or constituting motive or preparation relevant to a fact in issue or relevant fact. Previous or subsequent conduct of parties, agents, or persons against whom an offence is the subject of proceedings is relevant where it influences or is influenced by such facts. Conduct generally excludes statements, except statements accompanying and explaining acts, or statements made to or in the presence and hearing of a person that affect relevant conduct. Relevant conduct may include evidence concealment, absconding, possession of crime-derived property, and prompt complaints concerning alleged offences.

Extraordinary writ jurisdiction cannot be used to challenge a GST assessment where the statutory appeal was not filed within the prescribed limitation or the further condonable period. Pandemic-related limitation protection and the special procedure permitting delayed appeals against specified assessment orders did not assist where neither route was used. In the absence of exceptional grounds such as breach of natural justice, lack of jurisdiction, or abuse of process, failure to pursue appellate remedies precludes writ intervention.

Relevance of facts includes facts that occasion, cause, or result from facts in issue or other relevant facts, including connected circumstances and opportunities for an occurrence or transaction. Illustrative relevant facts include a robbery victim's prior possession or disclosure of money, signs of a struggle near the place of a murder, and the suspected poisoning victim's prior health and habits known to the suspected actor where those habits created an opportunity to administer poison.

Same-transaction relevancy makes facts not in issue relevant where they are sufficiently connected with a fact in issue to form part of one transaction, notwithstanding differences in time or place. Relevant connected facts may include contemporaneous or closely connected statements and conduct during an assault, events forming part of a wider insurrection, related correspondence surrounding an allegedly libellous communication, and successive deliveries through intermediate persons.

Section 5 confines admissible evidence to facts in issue and other facts declared relevant, excluding matters outside those categories. Its scope is subject to applicable civil-procedure restrictions, and it does not permit proof of facts barred by those requirements. A party that fails to produce a bond at the first hearing may subsequently produce or prove its contents only in accordance with prescribed civil-procedure conditions.

Section 4 establishes three evidentiary effects: may presume permits the Court either to treat a fact as proved unless disproved or to require proof; shall presume requires the Court to treat a fact as proved unless disproved; and conclusive proof requires proof of one fact to establish another while excluding evidence to disprove it.

Section 3 defines facts, relevancy, facts in issue, documents, evidence, and the standards of proof. Facts include perceptible conditions and conscious mental states, while facts in issue determine asserted or denied rights, liabilities or disabilities. Evidence comprises oral witness statements and documentary evidence, including electronic records. Proof and disproof depend on belief or probability sufficient for a prudent person to act upon the relevant supposition; a fact is not proved when it is neither proved nor disproved.