AdvocateKhoj
Login : Advocate | Client
Home Post Your Case My Account Law College Law Library
    

Report No. 185

Section 18

In the 69th Report (see para 9.26) it was stated that section 18 requires changes partly (i) in expression (ii) in substance and (iii) in structure and arrangement.

The suggestions with which we fully agree, are mainly to split up para 1 into two parts, one dealing with admissions by parties and another with admissions by agents; to substitute the word civil proceedings for suits. With regard to 'representative character' or 'proprietary or pecuniary interest', words are added that the admissions must have been made during the continuance of the said character or interest. With these changes, it is recommended that the section should read as follows:

"18. Admission by party to proceeding or his agent or by party interested in subject matter or by person from whom interest is derived.- (1) Subject to the provisions of this section, statements made by a party to the proceeding which is against his interest are admissions.

(2) Such statements made by an agent to a party to the proceeding, whom the Court regards, under the circumstances of the case, as expressly or impliedly authorized by him to make them, are admissions.

(3) Such statements made by parties to a civil proceeding, where the proceeding is instituted by or against them in their representative character, are not admissions, unless they were made while the party making them held that character.

(4) Such statements made by persons who have a joint proprietary or pecuniary interest in the subject-matter of the proceeding are admissions, provided the following conditions are satisfied:-

(a) the statements are made by such persons in their character of persons so interested, and during the continuance of the interest of the persons making the statements; and

(b) the statements relate to the subject-matter of the proceeding.

(5) Such statements made by persons from whom the parties to the civil proceeding have derived their interest in the subject-matter of the proceeding are admissions, if they are made during the continuance of the interest of the persons making the statements"



Review of the Indian Evidence Act, 1872 Back




Client Area | Advocate Area | Blogs | About Us | User Agreement | Privacy Policy | Advertise | Media Coverage | Contact Us | Site Map
powered and driven by neosys