Dr.

Shakuntala Misra National Rehabilitation

University

PROJECT ON

CAPITAL MARKET-1[PRIMARY MARKET]

________________________________________________________

SUBMITTED TO

Dr, Sandeep Mishra

_______________________________________________________________

SUBMITTED BY :

Mahendra Pratap Rathaur

ROLL NUMBER

Semester 5, Batch 2018-19

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 CONTENTS

1) Acknowledgements Page 3
2) Introduction Page 4
1. Admissibility is substantive evidence of the fact-
2. Evidentiary value of admission
3. Requirements of admission

3) Admission Can Be Formal or Informal Page 5

4) Admission as a Waiver of Proof

5) Conditions For Admissibility of Admissions
6) Who Can Make Admissions?
7) Evidentiary Value of Admission Page 6
8) Admission as Estoppel Page 7
9) When Admission May be Proved
10) Admission to Prove Document Page 8
11) Oral Admission of Electronic Record Page 8
12) Admission in Civil Cases Page 9

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 ACKNOWLEDGEMENTS

First and foremost, I am thankful to Dr .Sandeep Mishra

for allotting me the topic ‘Evidence[Admission]”. He has been very kind in

providing inputs for this work, by way of suggestions and materials.

I would also like to thank my dear colleagues and friends in the University,

who have helped me with ideas about this work. Last, but not the least I

thank the University Administration for equipping the University with such

good library and internet facilities, without which, no doubt this work would

not have taken the shape in correct time.

Mahendra Pratap

ROLLNO

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 1) Introduction
Section 17 of the evidence act defines admission it says that, “An admission is a
statement, oral or documentary or contained in electronic form, which suggests
any inference as to any fact in issue or relevant fact, and which is made by any
of the persons, and under the circumstances, hereinafter mentioned .Admission is
dealt in chapter 2 section 17 to 23 of the Indian Evidence Act, 1872.

Admissions should be clear, accurate and specific and it should be the language
told by the person admitting inference drawn by a person upon the words of the
person admitting cannot be called admission

In the case of G. Rangaiah v. Govindappa, it was said that admission should be

of a precise fact and it should be specific and there should not be multiple
inferences available for an admission.

Admission is the confession or voluntary acknowledgement of a party or any

person identified with them to that of the existence of certain facts in legal
interest, the predominant characteristics of such types of evidence is of its
binding nature. This was observed in the case of Ajodhya Prasad Bhargava v.
Bhawani Shankar Bhargava

However, in the case of Mukesh Kumar Ajmera v. State of Rajasthan, it was

observed by the court that just because an allegation is not denied it can not be
denied as to have been admitted.

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In the case of N. Murali Krishna v. South Central Railway, Secunderabad it was
said that admission has to be made by an adversary and not by the person who asserts
it

2) Admission Can Be Formal or Informal

Formal admissions: Formal admissions are judicial admissions, and in such a

case, there is no need to prove the facts admitted. Section 58 of the Indian Evidence
Act says that the facts which are judicially admitted need not to be proved.

Informal admissions: Informal admissions are usually made in casual conversation

in ignorance of the possibility of it being used in future litigation. For example, with
friends, family, neighbour, and so on.

3) Admission as a Waiver of Proof

When parties make an admission of fact, it, in turn, amounts to a waiver of proof of
such a fact. If a party admits any fact on its own then there is no need to give
evidence to prove such a fact.

4) Conditions For Admissibility of Admissions

1. Admission must relate to the subject matter.

2. Admission must always be in the nature of self-harming form/statement.
3. Admission must be made by persons and in the circumstances mentioned
under Section 18 to 20 of the Indian Evidence Act .

5) Who Can Make Admissions?

Admissions may be made by the:-

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1. Party to the proceedings (Section 18)
2. By the agent of such party who is authorised.
3. Suitor in a representative character, when he held that character.
4. Party having pecuniary or proprietary interests.
5. Predecessor in the title (who was in the title before me).
6. Person whose position or liability in question. (Section 19)
7. Referee (Section 20)

6) Evidentiary Value of Admission

Admission is not conclusive proof of the fact admitted as it is a piece of prima facia
evidence only. But it may operate as an estoppel. The person can be stopped to
deny the truth of the statement.

The Supreme Court in Banarasi Das vs. Kanshi Ram, 1963 said, ‘it is a weak type
of evidence, and the court may reject it if the contrary is proved.’

In Bishwanath Prasad vs. Dwarka Prasad, 1974, the Supreme Court met further
observations-

1. Admissions are substantive evidence by themselves though they are not the
conclusive proof of the matter admitted.
2. Admission duly proved are admissible in evidence irrespective of the fact whether
the party making them appeared as a witness or not.
3. Clarification: Admissions will be admissible even when the party is not called as a
witness.

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The purpose of contradicting a witness in section 145 and the object of proving
admission here is entirely different. In case of contradiction, it will be necessary to
put the statement to the witness so that he will have an opportunity to explain it. But
it is not so required in admission.

In this context, Justice Krishna Iyer pointed out that admission is substantive
evidence. While the purpose of section 145 is to clear doubt on the
veracity (accuracy, truthfulness, correctness, faithfulness, conformity to
facts) of witness and does not become substantive evidence.

7) Admission as Estoppel

Section 31 of the Indian Evidence Act says that admissions are not conclusive proof
of the matter admitted, but it may operate as an estoppel. A person can’t deny of the
fact he admitted in court. And if it is treated as estoppel, rules of section 115-117 of
the Indian Evidence Act will apply.

8) When Admission May be Proved

Proof Of Admission Against Persons Making Them, And By Or

On Their Behalf: Section 21

Admissions will be proved against the person making it and not in his favour. The
general rule is that one cannot prove a statement in his favour. But section 21
incorporates three exceptions, which, even if being self-serving, can be proved by
the party. These are:-

1. Admissions falling under section 32: This exception enables a person to prove his
own statement where the circumstances are such that if he were dead, the

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statement would have been relevant in dispute between third parties (when veracity
is not in doubt it can be brought).

2. Statement as to the bodily feeling of the state of mind falling under section 14-
The statement of men’s mind or body is relevant under section 14 and statement
narrating such facts which indicate the state of mind or body made at or about the
time when such state existed and which is accompanied by conduct are relevant.

3. Statement otherwise relevant, then it may be proved as otherwise relevant fact

and not as admissions.

9) Admission to Prove Document

When Oral Admissions As To Contents Of Documents Are

Relevant: Section 22

Document must be proved by the document itself. But when the document is not
available, then secondary evidence may be given for it under section 65.

Section 59 says all facts except the contents of documents or electronic records
may be proved by oral evidence.

Section 63(5) says oral accounts of the contents of a documents given by some

person who has himself seen it.

10) Oral Admission of Electronic Record

When Oral Admissions As To Contents Of Electronic Records

Are Relevant: Section 22A

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Inserted by IT Act 2000. When genuineness of electronic record produced is in
question, then only oral admissions as to the contents of electronic records are
relevant.

11) Admission in Civil Cases

Admission In Civil Cases, When Relevant: Section 23

Where there is an agreement to the fact either express or implied that evidence of
admission will not be given, then it will not be produced/adduced before the court. It
is just to encourage the parties to settle their matter of dispute with full freedom
where they can diverse the things.

Conclusion
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      Admission plays a very important part in judicial proceedings. If one party to
a suit or any other proceeding proves that the other party has admitted his case,
the work of the court becomes easier.
           An Admission may be proved by or on behalf of the person making it
under certain exceptional circumstances.  The Evidence Act, Sections 17 to 23
deals with the Admissions.

The expression 'Admission' means "Voluntarily acknowledgment of the

existence or truth of a particular fact". But In the Evidence Act, the term
'Admission' has not been used in this wider sense.  It deals with admissions by
statements only oral or written or contained in an electronic form. Admission
plays a very important role in judicial proceedings. If one party to the suit or any
other proceeding proves that the other party has admitted his case, the work of
court becomes easier. An Admission must be clear, precise and not vague or
ambiguous

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 Bibliography

www.srdlawnotes.com
www.google.com
The Law Of Evidence by Batuk Lal

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