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Amit D   25 October 2024

Can criminal or fraudulent conduct of a party be made relevant in an unrelated civil suit?

My adversary has a High Court judgement against him for defrauding someone. He has repeated the same conduct in a suit that he has filed against me. Can I use his conduct in that proceeding as evidence of his ability to commit fraud? The other proceeding is not related to my suit? I think that this falls under Section 8, 11 or 14 of the Evidence Act. I may be wrong. 



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 3 Replies

T. Kalaiselvan, Advocate (Advocate)     25 October 2024

Evidence from one case cannot be used as evidence in another case, even if the cases involve the same parties or are related. This principle applies to both civil and criminal cases.

It is a general principle that an Evidence recorded in one case cannot be used as evidence in another case. Each case must be decided based on the evidence presented in that specific case, regardless of whether the cases are related or involve the same parties. This principle applies to both civil and criminal cases.

Supreme Court Rulings:

  1. In the case of Mitthulal v. State of M.P., it was held that evidence from one criminal case cannot be considered in another case, even with the consent of the parties involved Vishnu Prasad VS Saroj Saxena - Madhya Pradesh.
  2. The High Court has reiterated that it is impermissible to rely on evidence from one case in another, emphasizing that each case must stand on its own merits Mitthulal VS State Of M. P. - Supreme CourtPATEL RASIKBHAI BHAGWANDAS VS STATE - Gujarat.

  3. An exception exists under Section 10 of the Evidence Act regarding conspiracy, where actions or statements made by one conspirator can be used against another if there is reasonable belief that a conspiracy existed Ishika VS State - Delhi.

  4.  In civil cases :Similar principles apply in civil cases, where evidence from one case cannot be treated as evidence in another unless there is mutual agreement between the parties PATEL RASIKBHAI BHAGWANDAS VS STATE - GujaratVishnu Prasad VS Saroj Saxena - Madhya Pradesh.

Amit D   25 October 2024

Though I cannot use the evidence in the other case, but the fact that these judgements, adverse to him, prompted me to investigate further on him, in my case, can be used, but limited to just that?

For example, if I did not do a proper investigation on a person's background but later came across judgements adverse to him, which in turn prompted me to investigate further on him, then can I use these judgments solely for this reason?

 

T. Kalaiselvan, Advocate (Advocate)     25 October 2024

A proper explanation has been given along with few judgements too.

If you don't want to understand what has been opined and would like to proceed in the manner which is not legally maintainable then it is your problem.


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