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Formal Admission
Formal Admission
Formal Admission
b.Facts admitted by the opponent in the course of court proceeding.[Section 4 of Evidence Act 2031]
and
c.Facts which come within the definition of presumption of law and presumption of fact .[Section 6 and
7 of Evidence Act ,2031]
According to Section 56 of Indian Evidence Act 1872, facts of which court will take judicial notice need
not to proved by the parties to any court proceedings.
The expression ‘judicial notice ‘ means notice or recognition of the truth of the fact .
Formal Admission
Judicial notice
Presumption
Formal Admission:
d. Person having joint interest in the subject matter of the suit is derived from.
e. Person whose liability is in question.
Admissions are applied as evidence against the party making it. The principle is that no one generally
speaks against his/her own interest unless the subject matter is true.
However there are three exceptional situations where admission is relevant in one’s own favor and
these situations are as follows;
Statement accompanied by body or bodily feelings including statement made on the spot spontaneous
with the incident.
Statement made with a view to come to a compromise can never be given as an evidence because
dispute whenever possible must be tried to be solved by amicable means.
Admission can never be a conclusive proof but it may operate as its estoppels. An admission made by
the party to the litigation is always relied upon by the court and separate evidence need not be
given to prove such facts.
In the case of Bhuwane vs.Hijmajesty’s Government of Nepal, Supreme Court has made decision that
“admission alone is not sufficient to hold a person liable for murdered
Characteristics of admission:
b.It is a statement to suggest any inference as to any fact in issue or relevant fact.
d.It must be made under the circumstances prescribed under the law.
Nature of Admission: The statement made by parties during judicial proceeding are self regarding
statement .The self regarding statements are may be classified under two heads are
Self-serving statements : are those , which serve, promote or advance the interest of the person making
it. Hence, they are not allowed to be proved. They enable to create evidence for themselves.
b.Self-harming statements: are those , which harm or prejudice or injure the interest of the person
making it. These self-harming statements are technically known as ‘Admissions’ and are allowed to be
proved.
Importance of Admission:
An admission is the best evidence against the party making the same unless it is untrue and made
under the circumstances ,which does not make it binding on him/her. Admission by a party is
substantive evidence of the fact admitted by him/her. Admissions duly proved are admissible evidence
irrespective of whether the party making the admission appeared in the witness box or not. In fact,
admission is the best substantive evidence that an opposite party can rely upon it. The evidentiary
value of admission by the Government is merely relevant and not conclusive , unless the party to
whom they are made has acted upon and thus altered his/her detriment.