Who can make admission in courts?

According to section 18, 19 & 20 of Evidence Act 1872, there are six types of person capable of made admission.


1. Parties & Representative- A parties to the proceeding may make admission. The parties are bound by there admission. The representatives of the parties can make admission when they sustain that character. Parties in representative’s character mean trustee, manager etc.


2. Agent- Agents of the parties are permitted to make admission. The statement of the agent will be binding his principle because the agent has a legal identity with his principle.


3. Persons having proprietary or pecuniary interest- The person who has proprietary or pecuniary interest in the subject matter or proceeding may make admission. But the statement must be made during the continuance of there right.


4. Predecessor in title- The statement made by the person from whom the parties have derived there interest in the subject matter of the suit is known as admission. But such statement must be made prior to the date of transfer.


5. Statement of third party- Statement made by the third party about his liability is an admission regarding the subject matter of the suit to the parties.


6. Statement by Referees- The person to whom a party to the suit has expressly referred information in reference to a matter in dispute (Sec-20).


When the admission is relevant it may be proved only against the maker of the admission or against his representative in interest. (Sec 21)

  As per Sec 22-A document can not be proved by oral admissions and they are not relevant, but in 2 cases they are relevant where-

a. Secondary evidence is allowed under law.
b. Question arises regarding genuine of document.


Admission is not relevant in civil cases and can not be proved against the maker if it is made under an express condition that evidence of it is not be given.(Sec 23)
==============================================================================
This site is mainly dedicated for Students of Law Schools, Law Universities, Students of Higher Education in Law, Admission in Law Schools, Scholars in Law, Students of Bar-at-Law, Law admission information, College of Law, Law Notes, Law Training, Law Tuition,  Law Study Guidelines, Business Law
Who can make admission in courts? Who can make admission in courts? Reviewed by Hosne on 9:37 AM Rating: 5

No comments:

Powered by Blogger.