Allegations
abhimanyu
(Querist) 12 April 2013
This query is : Resolved
When a case is filed, allegations and counter allegations are made against each other by the opposite parties. In case those allegations and counter allegations do not have any effect on the respective prayers made by the opposite parties, how courts take those allegations and counter allegations.
Devajyoti Barman
(Expert) 12 April 2013
If it is civil case the court is guided by ' preponderance of probabilities'.
If it is criminal case then the court is rules by ' proof beyond reasonable doubt'.
Raj Kumar Makkad
(Expert) 13 April 2013
What are the facts of your case? There is no straight reply to your ifs and buts.
R.K Nanda
(Expert) 13 April 2013
academic query.
abhimanyu
(Querist) 13 April 2013
This is not an academic query Shri Sudhir Kumar and Shri R.K. Nanda Ji. In fact in a civil case allegations and counter allegations are there. While allegations are true, counter allegations are false. However, it is very difficult to prove allegations as no complaint was lodged any where. The opposite party has raised counter allegations, which are false and hence cannot proved.
However, in the respective prayer clauses, both parties have not sought relief with regard to those allegations and counter allegations.
My query is how court in a civil case can take those allegations, which are true but difficult to prove and counter allegations, which are false and cannot be proved.
ajay sethi
(Expert) 13 April 2013
all allegations have to be tested in evidence . plaintiff is subject to cross examination by the defendant .
abhimanyu
(Querist) 13 April 2013
That is what is being known is whether those allegations and cross allegations will be tested in evidence when both are not related to the respectie prayers to the hon. court by the parties i.e. such allegations and counter allegations are of such nature that they can not have effect on the decision of the court.
Raj Kumar Makkad
(Expert) 14 April 2013
In civil litigation, only the facts shall be taken into consideration which are relevant for the just and proper decision of the dispute and rest of the so-called allegations and counter allegations shall be left.
abhimanyu
(Querist) 14 April 2013
Thanks a lot Respected Shri Makkad.
prabhakar singh
(Expert) 14 April 2013
Yes! Mr. Makkad is right.
In civil cases facts directly in issue or those relevant to the facts in issue are only considered and evidence is admitted to that extent only.Facts that leads to prove a
right claimed are only important.
abhimanyu
(Querist) 14 April 2013
I am grateful to Respected Shri Prabhakar Singh for expert advice.
R.K Nanda
(Expert) 14 April 2013
what is the type of ur civil case.
u want reply without telling full facts.
V R SHROFF
(Expert) 14 April 2013
Court only go for Evidence. To prove is liability of parties. Whether true or false can be a result of Evidence.
abhimanyu
(Querist) 14 April 2013
That is o.k. respected Shri Shroff. But my query was no prayer related to such allegations and counter allegations have been made by either of the parties. As such, will court pay any attention to such allegations and counter allegations, which whether proved or not will not have any bearing on the reliefs sought for by the parties?
Devajyoti Barman
(Expert) 15 April 2013
If both the parties the have failed to claim for necessary reliefs, then their respective suits would be dismissed.
The court passes decree on the basis of claim of relief if the claim is proved.
If there is no adequate relief sought for , the suit would fail.
Raj Kumar Makkad
(Expert) 15 April 2013
The allegations or counter allegations have no bearing over the merits of the case.
