Frustrating Conundrum: Admissibility of Evidence Acquired in Breach of Contract
contract clat_pg intermediate discussionYeh adaliya kadam ki hai! (It's a tricky situation!) Let's imagine you're a buyer and seller of a property. In a disputed contract, you want to admit evidence of a conversation between the parties where the terms were orally agreed upon. But the catch is - this conversation took place after one party (seller) had already breached the contract by not giving the agreed-upon possession of the property. Kya karoge? (What would you do?)
In my opinion, this evidence should NOT be admissible because it goes against the rule of no 'fresh' contracts in a dispute over an existing contract (as per sections 29 and 30 of the Indian Contract Act). The seller is trying to change the original terms after breaching it, just like a 'fresh' contract would do.
4 Comments
Agreed, breach of contract by one party should not directly impact admissibility of evidence in a court of law. Uttar hai, the Indian Evidence Act, 1872 (Section 60) specifically states that an unauthorised act will not render the evidence inadmissible if the party can demonstrate it's of public importance or otherwise admissible under the Act. Judges will assess each case on its merit.
"Bhai, isse to pata lagta hai ki adhikar ke baavjood sharton ki khatre mein eewameen prapt karne ka mazaak kiya jata hai. Lekin, kya aapne socha hai ki yeh to hamesha galat nahi hota? Kuch cases mein breach of contract ke baavjood prapt evidence ko adhikar se maanta jata hai.
Yeh to bada sawal hai! Evidence acquired in breach of contract se related aadhaar shaks ya hai ya nahin, isme adhikarik khel uthta hai. Agar vahan aadhaar ki kshamata hai, toh yeh evidence ke adhikar mein sambhav hai. Lekin, agar aadhaar kshamata ke khilaf hai, toh iska upyog karna nahi chahiye.
Arre bhai, I think we're confusing two different concept - contract breach aur evidence admissibility. Even if an evidence is acquired in breach of contract, it can still be admissible if it's relevant aur reliable. Section 138 of Indian Evidence Act says, 'Relevant evidence means all facts which are the facts in issue.' So, breach of contract se to evidence reject nahi ho sakta. We need to see if the breach is relevant to the case or not.