(Evidence Law-class assignment) Admission Class PDF

Preview

Summary

descriptive notes on the topic mention with case laws....

Description

ADMISSION According to Section 17 of the Indian Evidence Act, 1872, admission is defined as any statement made by any of the persons, which suggests any inference as to any fact in issue or relevant fact, and under certain circumstances. Admissibility simply means the power to approach. Admission can be oral or documentary or contained in electronic form. Thus, the admissibility of evidence means any evidence or document used in the court of law to prove or disprove alleged matters of fact. “Admissions are considered primary evidence and they are admissible to prove even the contents of written documents, without notice to produce, or accounting for the absence of, the originals.” In Bishwanath Prasad v. Dwarka Prasad, the court said “Admissibility is substantive evidence of the fact which is admitted when any previous statement made by the party used to contradict a witness does not become substantive evidence. The Admissibility of evidence serves the purpose of throwing doubt on the veracity of the witness.” SECTION 18- WHO CAN MAKE AN ADMISSION Section 18 of the Indian Evidence Act lays down the rules regarding as to who can make an admission. According to this section, there are five classes of persons whose statements will be considered as an admission in a suit. These five classes are:BY PARTIES TO PROCEEDINGS: The statements made by the parties to a proceeding as against himself is considered as a relevant admission. Under this Section, the term ‘parties’ not only means the persons who appear on the record in that capacity but also includes those persons who are parties to a suit without appearing. Persons who have an interest in the subject matter of the suit but are not parties on the record are also considered as parties in the proceedings and their statements have the same relevancy as the parties on record. Similarly, a person who although appears as a party on the record but has no real interest in the subject matter will not have any effect through his admission as against the person he is appearing on behalf of. ADMISSION BY THE AGENT: The statements made by an agent in a suit would be admissible as against the person he is representing. The statements made by an agent are, however, binding only when they are made during the continuance of his agency. So, when the agent’s right to interference has come to an end any statement made by him after that will not have any effect on the principal. STATEMENTS MADE IN REPRESENTATIVE CHARACTER: When a person such as trustees, administers, executors etc., sue or are sued in a representative character, any statement made by them will only be admissible if made in their representative character. Any declarations made by them in their personal capacity will not be taken as an admission. PERSONS INTERESTED IN THE SUBJECT-MATTER: In any such suit where several persons are interested jointly in the subject-matter of the suit, then any admission made by anyone of the parties will be taken as an admission against himself as well as the other parties jointly interested in the subject matter. It does not matter whether the persons jointly interested in the subject-matter

are suing or being sued jointly or separately. However, for this rule to apply there has to be prima facie foundation showing that joint interest exists between the parties suing or being sued. PERSONS FROM WHOM THE PARTIES DERIVE INTEREST: Any statement made by the predecessor-in-title from who the party to the suit derives his title will be admissible. But this will only be held as an admission if the predecessor-in-title made the declaration while still holding the title and not after the title has been transferred. The statement made by the former owner will not be considered as an admission as against the parties if it was made title has been passed....