Niyam v2 is live — start for just ₹100 — 200 credits to try

august 1965

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.

BHARAT SINGH AND ANR. vs BHAGIRATHI · Niyam