Oral agreement / arrangemnent ...
tdeli
(Querist) 11 April 2012
This query is : Resolved
Hello,
A made some payment on behalf of B of Govt. Dues with the assurance from B that he will issue him the receipt of such a debt later but refused.
How can the Oral Agreement/ Arrangement/ Understanding between 2 individuals be proved -
1.Direct Evidence of the son of the plaintiff before whom the deal was struck and the payment was made. Plaintiff mentions in his pleadings about his son and the he is cross examined and who stated, that the deal was done right in his presence and it was not rebutted by the defendant.
2. Legal Notice served by the Plaintiff for the issuance of the receipt of the payment and the debt which was confirmed to be received by the Defendant but he choose not to reply to the same.
Will the Payment of Govt Dues on behalf of defendant from plaintiff bank confirmed by him , sending of a legal notice not replied and the direct evidence which was not rebutted be enough evidence or some other circumstantial evidence will be needed.
Thanks ...
Raj Kumar Makkad
(Expert) 11 April 2012
Though prima-facie the evidence narratted by you seems of worth value but this is not sufficient evidence on your part.
ajay sethi
(Expert) 11 April 2012
legal notice if issued and is not replied then court may draw adverse infernce .
in the present case you do not have any letter from B requesting A to make payment on his behalf . if b had acknowledged his liability in writing to A you could have succeeded
V R SHROFF
(Expert) 12 April 2012
need documentary evidence. bare words do not stand
tdeli
(Querist) 12 April 2012
If there was a Documentary Evidence then there was no problem at all but my question
Can one ever prove an
Oral Agreement/Arrangement/Understanding or not and if so how ....
Deepak Nair
(Expert) 12 April 2012
Your case is in a fix now. You shall prove the liability beyond doubt for which documentary evidence is necessary.
tdeli
(Querist) 12 April 2012
If there was a documentary evidence then there was no problem of proving an Oral Agreement.
Isn't this not enough Evidence -
1.The Govt.dues were in the name of the Defendant and were not my responsibility to pay, why should i pay dues of someone else.
2. A legal Notice was served on him to which he did not reply, Does not that implies to the contents of the legal notice.The legal Notice was not after thought.
3.There was a Direct Evidence before whom the Oral Agreement/ Arrangement did happen and the same was confirmed by the person and was not rebutted by the Defendant.
If all this does not works what will -
or one should presume Oral Agreements cannot be proved.
prabhakar singh
(Expert) 13 April 2012
Any oral agreement if legal in the eye of law can be proved by oral evidence along with attending circumstances without doubt is the straight answer to your querry. I do not know why we are hesitant in saying that ,perhaps because of the quality of oral evidence you need to adduce.
M V Gupta
(Expert) 17 April 2012
Oral agreement can be proved by direct witness evidence. The sons's evidence can be relied upon unless his evidence is rebutted or proved not reliable during the cross examination. You can also establish the relevant facts leading to the payment of Govt dues on behalf of B during cross examination of B also.
