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Amit D   31 October 2024

Can documents used in settlement discussions be used as admission?

Can emails exchanged for settlement discussions be used as admission of liability?  I am unable to find any Judgement on this issue.



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 8 Replies

T. Kalaiselvan, Advocate (Advocate)     31 October 2024

Unless and until they are a written documents towards settlement entered by both the parties, it may not be considered as evidence 

1 Like

Real Soul.... (LEGAL)     31 October 2024

If there was negotiation through email excnaged bewteen the parties can very well be used an peice of evidance 

Advocate Bhartesh goyal (advocate)     31 October 2024

Electronic evidences are admissible in evidence  subject to compliance of sec  65b of Indian Evidence Act .

Amit D   31 October 2024

Thank you Adv. Kalaiselvan.  If the settlement did not take place, can the emails be used as admission? In other words, is willingness to pay in a settlement the same as admission of liability?

T. Kalaiselvan, Advocate (Advocate)     31 October 2024

The settlement discussions over email cannot be enforced, even if you rely upon them during the trial proceedings, the court may not accept it as an evidence to decide the case in your favor because it is not a substantial evidence and there are no merits in such unreliable settlement discussions between parties.

The court will go by the case before it and cannot be influenced by such external factors until and unless they are substantial evidence to make some difference to your pleadings or the case itself.

Dr. J C Vashista (Advocate )     01 November 2024

Admission of a liablity through email is accepted in evidence when supported by a certificate u/s 65B IEA / 63 BSA 

P. Venu (Advocate)     01 November 2024

What type of settlement you are referring to? Is it a Court monitored settlement through Mediation or through the Legal Services Authority leading to an Award?

N.K.Assumi (Advocate)     02 November 2024

All these are out of Court Evidence, and until the person or persons  making the settlement stands in the dock and testify the same and cross examined it can not go down as evidence, as it will be in the realm of hearsay evidence only. 


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