asdmission
adv. rajeev ( rajoo )
(Querist) 24 June 2010
This query is : Resolved
MY frnd has filed MVC case against the insurance co.,
The wittness has denied in the criminal case that police have not taken any restatement. this admission given by the witness is relied by the insuramce co., and produced the certified copy of the same.
In my opinion evidence in criminal case is not binding on the mVC cases.
Am I right?
If learned members have got any judgments please post it.
R.R. KRISHNAA
(Expert) 24 June 2010
Though the judgment of criminal court is not relevant or can form basis for determining a civil proceedings but that would not mean that it is not admissible for any purpose whatsoever.
Regarding your specific query on the scope of evidence, in the latest supreme court judgment - Seth Ramdayal Jat Vs Laxmi Prasad reported in (2009)11 SCC 545-A it is noted that "Although judgment of criminal case is not relevant in criminal proceedings, the deposition of accused taken down in writing by civil court about such admission of guilt held is relevant and admissible."
Best regards.,
