...his explanation, in answer to the charge-sheet pleaded guilty admitting the charges. In terms of Section 58 of the Evidence Act, charges having been admitted were not required to be proved. It was...(2005) 11 SCC 314 this Court noticing Section 58 of the Evidence Act held:“214. In terms of the...act would be viewed seriously. Period of probation was extended as he was found to be irregular in attendance.3. On 9-1-1991, he applied for leave on medical grounds. He...

...Section 58 of the Evidence Act that admitted facts need not be proved and as such admissions can be considered as substanti...115 of the Evidence Act. As this admission made by the defendant is qualified, it is to be read as a whole while considering whether a decree can be passed against the defendant on such admission...evidence in the matter without being influenced by the observations made by this Court in quashing and setting aside the impugned order.7. This Court is informed that the suit is of the year...

...31, Section 58 and Section 106 of Evidence Act is bad in eyes of law. As these provisions have been improperly applied, accordingly appellants have prayed for setting...statements come out of the scope of being called as admission to which Section 58 of Evidence Act applies. Admissions to be admissible into evidence without any further proof hav...1974 (1) SCC 242, the Honble Apex Court held that for being the best proof as mentioned under Section 58 of Evidence Act, admission should be...

...they merely provide that in view of the Section 58 of Evidence Act, a fact which stands admitted, by the pleading...Section 68 of the Evidence Act as they failed to produce its marginal witness to prove it. 7. This judgment and de...was, therefore, their duty to prove the will as provided under Section 68 of the Evidence Act. Since they failed to...

...law shall not be binding on the State.”16. A thing admitted in view of Section 58 of the Evidence Act need not be proved. Order 8 Rule 5 of the Co...true and clear, are by far the best proof of the facts admitted. Admissions in pleadings or judicial admissions, admissible under Section 58 of the Evidence Act, made by the parties or their agent..., we find that there is no material irregularity committed by the High Court in exercising its power under Section 115 CPC in permitting amendment of the written statement...

...on the subject:—(i) In the case of June @ Arjun Mandi (supra), the Division Bench of this Court considered the provision of Section 294 and held that the said provision was enacted to avoid wastage ...provision of Section 293 of the Criminal Procedure Code and its interpretation by the Apex Court in 2010 Volume-I Supreme Court Case.... Hence, Section 293 of the Criminal Procedure Code would permit the Court to accept the same without examining the...

...plaintiff in proving its debt at the end of trial of the suit, such admission can not be ignored by the trial Court as per Section 58 of Evidence Act 7....the plaintiff to take all possible avenues and lead evidence to prove its debt including the admissions made by the defendants. Direct service is permitted. (MAULIK J.SHELAT,J) SA... C/SCA/8483/2025 ORDER DATED: 30/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R...

...admitted by all the legal heirs of testator Kanshi Ram Jain. 3 of 4 4 10. Section 58 of ...need for the appellant to examine its attesting witnesses as per the requirement of Section 68 of Evidence Act. 9. Today, the counsel appearing on behalf of...appellant filed petition under Section 278 of Indian Succession Act for grant of probate/letters of administration with regard to said will executed by his father. In the said petition all the other legal...

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...:- a) Whether the lower appellate court is justified in rendering a finding as against admitted facts and whether its order is not opposed to Section 58 of Evidence Act? ...appellant/plaintiff, the First Appellate Court has refused to give effect to Section 58 of the Indian Evidence Act, 1872 and proceeded to record that the plaintiff does not have any valid title. It...evidence about the issuance of patta in favour of his brother Krishnan, from his admission, it cannot be known whether the property involved in the said patta relates to the suit property...

...fact admitted, needs to be proved. This question is answered by section 58 of the Evidence Act which reads as under...evidenciary value of admission section 58 (supra) will have to be read in the light of sec. 31 of Evidence Act. This is so because sec. 31 lays down the true na...naminem gravabi.", which precisely means that an act of the court should pre­judice none. This omission does nit render the order invalid. However, subordinate courts should be cautious while passing such orders and should ensure th...

...to have been instituted within the period of limitation.(ii) Having regard to the provisions contained in Section 43 of the Evidence Act, 1872 the judgment ....22. Section 58 of the Evidence Act reads as under:“58. Facts admitted need not be proved.—No fact need be proved in any proceeding wh...proceedings vis-à-vis the civil proceedings and vice versa is governed by the provisions of the Evidence Act. Section 43 of the Evidence Act reads thus:“...

...having registered sale deed in his favour, should prove his title ? 2. Whether under Section 58 of Evidence Act, if execution of the terms of the doc...substantial questions of law raised by the appellants are under Section 58 of Indian Evidence Act and under Order 12 Rule 2 of CPC. 22. Section ...during the course of trial to admit the said fact. Hence, the recitals of the written statement of defendant No.1 cannot be called as admitted facts. Therefore, the question of law under Section ...

...the perusal of the reply notice, the respondents have clearly admitted about the execution of agreement of sale and delivery of possession. The appellate Court has failed to consider Section 58 .... Brief facts leading to filing of this writ petition are as under: The petitioner has filed a suit in O.S.No.198/2015 for the relief of perpetual injunction. In the said suit, the petitioner has filed...an application seeking for an order of temporary injunction restraining the respondents from interfering with the peaceful possession of the suit schedule property. In support of the application, the...

...Section 58 of the Evidence Act also lays down that court may in its discretion require the facts admitted to be proved oth...Section 58 of the Evidence Act, admitted facts need not be proved under certain circumstances. In the judgment passed by t...CPC and Section 58 of the Evidence Act has held in paras 11 to 13, quoted thus:- 11. It may not, however, be proper for the court to proceed merely on admissions or...

...section 58 of Evidence Act is very clear. But, despite of it, the plaintiff has also proved notice Ex. P-1 in whi...section 62 of the Evidence Act. See Gulam Mohammad v. Alihussain Mullaji, 1973 MPLJ Note 37 : ...in criminal proceedings is normally inadmissible under section 43 of the Evidence Act in civil proceedings but, if...

...his appointment should not be cancelled not only by the appointing authority but also by the Appellate Authority. In terms of Section 58 of the Evidence Act, 1872 facts admitted need not be proved....’ ”12. Furthermore, the respondent herein has been found guilty of an act of fraud. In our opinion, no further opportunity of hearing is necessary to be afforded to him. It....A false statement, made through carelessness and without reasonable ground for believing it to be true, may be evidence of fraud but does not necessarily amount to fraud. Such a...

..., 1st petitioner, as PW1, stated “My father-in-law adopted the defendant in 1977”. As per Section 58 of Evidence Act admit...away the earlier admission, but also introduces a new and fresh case resulting the necessity of parties adducing fresh evidence, the same cannot be allowed at the stage of appeal. He contended that.... It is not the evidence of the first petitioner, as PW1 that he did not attend the ceremony of adoption of respondent, or that no ceremony of adoption ever took place. If giving away and taking in ...

...granting the decree in favour of the appellant for the advance amount of Rs. 2,00,000/-, though it was specifically admitted by the respondent and such admitted facts need not be proved under Section 58 of...defined under Section 116 of Transfer of Property Act? (ii) Whether in the facts and circumstances of the case, the finding of the Courts below are not perverse for ...notice is neither tenable nor enforceable in law and the same is not in accordance with Section 106 of Transfer of Property Act? (iv) Whether in the facts and circumstances...

.... defendant would amounts to an admission under the provisions of Section 58 of Evidence Act, though the same is ...though the document could be made admissible as per the provisions of Section 90 of the Evidence Act, the presumption...that the document Exh.22 is 30 years old and therefore as per the provisions of Section 90 of the Evidence Act, it...