Section 106 Evidence Act vs Admission by Conduct: A CUET PG Law Dilemma
evidence cuet_pg advanced pyq_discussionI still can't forget this question from the CUET PG Law exam - Section 106 Evidence Act and admission by conduct. The question was: "P, a customer, paid the full price for a defective TV to the shopkeeper but asked the shopkeeper to deliver it after 2 days. The shopkeeper agreed and kept the TV in his shop till his friend (D) came to meet him. D asked the shopkeeper about the TV and the shopkeeper replied that the TV was given to P. Held, that the statement by shopkeeper is not admissible under Section 106 Evidence Act. Discuss." How are we supposed to know this stuff? The correct approach is to understand the scope of Section 106 and how admission by conduct works. Admission by conduct is only admissible when intention to adopt the documents is shown or when there's a conduct that implies adoption.
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Bhai, don't worry! Admission by conduct is not a standalone concept, it's a part of Section 17 of Evidence Act. And it's not like you need to choose between Section 106 and Admission by Conduct, it's all linked. Practice more, read the notes again, and you'll be sorted for CUET PG. Keep calm and focus on your preparations. Bhala hoga!
Yeh baat to bahut saari baar discuss ki jaati hai, lekin main toh khudko Section 106 ke saath hi rakhna chahta hoon. Admission by Conduct to a relevant fact is different from an admission by words. Lekin agar aapko aisa lagta hai ki admission by conduct Section 106 ko nahi affect karta, to kuch log akele hi admission ko to acceptable maante hain. Ab CUET PG Law ke liye kya karein?