Supreme Court of India · 1965-08-26
BHARAT SINGH AND ANR. vs BHAGIRATHI
- Citation / case number
- SC 1963/222
- Court
- Supreme Court of India
- Petitioner
- BHARAT SINGH AND ANR.
- Respondent
- BHAGIRATHI
- Bench
- DAYAL, RAGHUBAR
Judgment text excerpt
The Supreme Court held that under the Indian Evidence Act, admissions must be clear to be used against the party making them, as per Sections 17 and 21. The Court established that there is a strong presumption in favor of Hindu brothers constituting a joint family, and the burden of proving severance lies on the person alleging it. The Court reversed the High Court's decision, allowing the use of the respondent's prior admissions as substantive evidence, despite her not being confronted with them during her testimony.