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Section 22A of the Indian Evidence Act, 1872 - Indian Laws - Acts
Oral admissions concerning the contents of electronic records are generally irrelevant. They become relevant only where the genuineness of the electronic record produced is in question, confining reliance on such admissions to disputes over the record's authenticity rather than its contents alone.

Section 22 of the Indian Evidence Act, 1872 - Indian Laws - Acts
Oral admissions concerning the contents of a document are generally irrelevant. They become relevant only when the relying party establishes entitlement to adduce secondary evidence of the contents, or when the genuineness of a produced document is in issue. This restricts proof of documentary contents through oral admissions while allowing them where secondary evidence is permissible or authenticity is challenged.

Section 21 of the Indian Evidence Act, 1872 - Indian Laws - Acts
Admissions are provable against their maker or representative in interest but ordinarily cannot be proved by or for them. A maker may rely on an admission if it would be relevant between third persons were the maker dead, if it contemporaneously records a relevant state of mind or body and supporting conduct makes falsehood improbable, or if it is relevant independently of its character as an admission.

Section 20 of the Indian Evidence Act, 1872 - Indian Laws - Acts
Express referral by a litigating party to another person for information about a disputed matter makes that person's statement an admission. The rule requires a direct referral identifying the person as a source of relevant knowledge; for example, a seller directing a buyer to ask a named person about the condition of a horse sold.

Section 19 of the Indian Evidence Act, 1872 - Indian Laws - Acts
Statements by persons whose position or liability must be established against a party may be treated as admissions against that party if they would be relevant against their maker in litigation concerning that position or liability. The statements must have been made while the maker occupied the relevant position or remained subject to the relevant liability.

Section 18 of the Indian Evidence Act, 1872 - Indian Laws - Acts
Admissions include statements made by a party to a proceeding or by an expressly or impliedly authorised agent. Statements by parties acting in a representative capacity are admissions only if made while that capacity was held. Statements by persons having a proprietary or pecuniary interest in the subject matter, and by persons from whom parties derive their interest, qualify only when made during the continuance of the maker's interest.

Admission defined
Act Rules Indian Laws
Section 17 of the Indian Evidence Act, 1872 - Indian Laws - Acts
Admission is a statement, whether oral, documentary, or contained in electronic form, that suggests an inference regarding a fact in issue or a relevant fact. Its character depends on its inferential connection to such facts and on its having been made by persons, and in circumstances, identified for that purpose. Electronic-form statements are included alongside oral and documentary statements.

Section 16 of the Indian Evidence Act, 1872 - Indian Laws - Acts
Course-of-business evidence is relevant where the performance of a particular act is in issue. For correspondence, placement of a letter at the customary collection point, combined with the established practice of taking such letters to post, bears on dispatch. Due posting and absence of return through the Dead Letter Office also bear on whether the letter reached its addressee.

Section 15 of the Indian Evidence Act, 1872 - Indian Laws - Acts
Section 15 makes a series of similar occurrences relevant where the issue is whether a disputed act was accidental or intentional, or was done with particular knowledge or intention. The occurrences must involve the person who performed the act and may support an inference concerning the character, purpose, or state of mind associated with the act in question.

2023 (7) TMI 1673
Case Laws IBC
Parallel insolvency proceedings against borrowers and corporate guarantors: CIRP challenge dismissed where guarantor proceedings were already pending.
Parallel insolvency proceedings against a principal borrower and its corporate guarantor raise the maintainability of commencing CIRP when CIRP against the guarantor is already pending. The issue concerns the scope of Section 60(2) of the Insolvency and Bankruptcy Code, 2016, together with the application of binding precedent and the per incuriam principle. Admission was refused and the civil appeal was dismissed.

Section 14 of the Indian Evidence Act, 1872 - Indian Laws - Acts
Section 14 treats facts evidencing intention, knowledge, good faith, negligence, ill-will, or relevant bodily condition as relevant only when linked to the particular matter in issue. Specific possession, prior acts, communications, complaints, and contemporaneous statements may show knowledge, intent, notice, good faith, feeling, or physical condition. General habits or dispositions, including habitual negligence or a general tendency to commit similar crimes, remain irrelevant without that particular connection.

Section 13 of the Indian Evidence Act, 1872 - Indian Laws - Acts
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.

Section 12 of the Indian Evidence Act, 1872 - Indian Laws - Acts
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.

Section 11 of the Indian Evidence Act, 1872 - Indian Laws - Acts
Facts not otherwise relevant become relevant where they are inconsistent with a fact in issue or relevant fact, or make the existence or non-existence of such fact highly probable or improbable. This includes facts showing that an accused was elsewhere, or sufficiently distant, when an offence was committed, and facts excluding other specified persons where the offence could only have been committed by one of them.

Section 10 of the Indian Evidence Act, 1872 - Indian Laws - Acts
Statements, acts and writings of any conspirator may be relevant against each alleged participant where reasonable grounds indicate a conspiracy to commit an offence or actionable wrong. The material must concern the common intention and arise after it was first entertained by a conspirator. It may prove both the conspiracy's existence and a person's participation, notwithstanding ignorance of particular acts or communications.

Section 9 of the Indian Evidence Act, 1872 - Indian Laws - Acts
Section 9 treats as relevant facts necessary to explain or introduce a fact in issue or relevant fact, support or rebut an inference, establish identity, fix time or place, or show parties' relationship to a transaction. Relevance extends only to the extent necessary for those purposes. Facts explaining conduct or a transaction may be relevant where they illuminate a fact in issue or relevant fact, while collateral particulars remain excluded unless needed to establish the explanatory connection.

Section 8 of the Indian Evidence Act, 1872 - Indian Laws - Acts
Section 8 makes motive, preparation, and prior or subsequent conduct relevant where they relate to, influence, or are influenced by facts in issue or relevant facts. Conduct excludes standalone statements, but statements accompanying and explaining acts, or affecting relevant conduct when made to or in the presence of the person concerned, may be relevant. Relevant conduct may include evidence fabrication or concealment, witness influence, absconding, possession of crime-linked property, and prompt complaints concerning specified offences.

2024 (5) TMI 1723
Case Laws GST
Extraordinary writ jurisdiction cannot bypass expired GST appeal limitation where statutory and special delayed-appeal routes remain unused.
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.

Section 7 of the Indian Evidence Act, 1872 - Indian Laws - Acts
Facts are relevant when they are the occasion, cause, effect, surrounding state of affairs, or opportunity for facts in issue or other relevant facts. This includes a victim's prior possession and disclosure of money in an alleged robbery, signs of a struggle near an alleged murder, and the victim's prior health or habits known to the person alleged to have administered poison where those habits afforded an opportunity for poisoning.

Section 6 of the Indian Evidence Act, 1872 - Indian Laws - Acts
Section 6 establishes the same-transaction rule of relevancy: facts not independently in issue are relevant when sufficiently connected with a fact in issue to constitute part of one transaction. Connection may exist despite differences in time or place. The rule covers contemporaneous or closely connected words and conduct, events within a wider occurrence, related correspondence, and successive deliveries through intermediaries, where each fact bears a factual connection to the transaction under inquiry.

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