Section 31 of Evidence Act "Admission not conclusive proof, but may estop"
Admissions are not conclusive proof of the matters admitted but they may operate as estoppels under the provisions hereinafter contained.
Section 32 of Evidence Act "Cases in which statement of relevant fact by person who is dead or cannot be found, etc, is relevant"
Statements, written or verbal, or relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured without an amount of delay or expenses which, under the circumstances of the case, appears to the Court unreasonable, are themselves relevant facts in the following cases:-
(1) When it relates to cause of death When the statement
is made by a person as to the cause of his death, or as to
any of the circumstances of the transaction which resulted
in his death, in cases in which the cause of that person s
death comes into question.
Such statements are relevant whether the person who made
them was or was not, at the time when they were made, under
expectation of death, and whatever may be the nature of the
proceeding in which the cause of his death comes into
question.
(2) Or is made in course of business When the statement
was made by such person in the ordinary course of business,
and in particular when it consists of any entry or
memorandum made by him in books kept in the ordinary course
of business, or in the discharge of professional duty; or of
an acknowledgement written or signed by him of the receipt
of money, goods, securities or property of any kind; or of a
document used in commerce written or signed by him; or of
the date of a letter or other document usually dated,
written or signed by him.
(3) Or against interest of maker When the statement is
against the pecuniary for proprietary interest of the person
making it or when, if true , it would expose him or would
have exposed him to a criminal prosecution or to a suit for
damages.
(4) Or gives opinion as to public right or custom, or
matters of general interests when the statement gives the
opinion of any such person, as to the existence of any
public right or custom or matter of public or general
interest, of the existence of which, if it existed, he would
have been likely to be aware, and when such statement was
made before any controversy as to such right, custom or
matter had arisen.
(5) Or relates to existence of relationship- When the
statement relates to the existence of any relationship 22[by
blood, marriage or, adoption] between persons as to whose
relationship 22[ by blood, marriage or adoption ] the person
making the statement had special means of knowledge, and
when the statement was made before the question in dispute
was raised.
(6) Or is made in will or deed relating to family
affairs When the statement relates to the existence of any
relationship 22[ by blood, marriage or adoption] between
persons deceased, and is made in any will or deed relating
to the affairs of the family to which any such deceased
person belonged, or in any family pedigree, or upon any
tombstone, family portrait or other thing on which such
statements are usually made, and when such statement was
made before the question in dispute was raised.
(7) Or in document relating to transaction mentioned in
section 13, clause (a) When the statement is contained in
any deed, will or other document which relates to any such
transaction as is mentioned in section 13, clause (a).
(8) Or is made by several persons and expresses feelings
relevant to matter in question When the statement was made
by a number of persons, and expressed feelings or
impressions on their part relevant to the matter in
question.
Illustrations
(a) The question is, whether A was murdered by B, or
A dies of injuries received in a transaction in the course
of which she was ravished. The question is whether she was
ravished by B; or
The question is, whether A was killed by B under such
circumstances that a suit would lie against B by A widow.
Statements made by A as to the cause of his or her death,
referring respectively to the murder, the rape and the
actionable wrong consideration, are relevant facts.
(b) The question is as to the date of A's birth.
An entry in the diary of a deceased surgeon, regularly kept
in the course of business, stating that, on a given day, he
attended A's mother and delivered her of a son, is a
relevant fact.
(c) The question is, whether A was in Calcutta on a given
day.
A statement in the diary of a deceased solicitor, regularly
kept in the course of business, that on a given day the
solicitor attended A at a place mentioned, in Calcutta, for
the purpose of conferring with him upon specified business,
is a relevant fact.
(d) The question is, whether a ship sailed from Bombay
harbor on a given day.
A letter written by a deceased member of a merchant's firm
by which she was chartered, to their correspondents in
London to whom the cargo was consigned, stating that the
ship sailed on a given day from Bombay harbor, is a relevant
fact.
(e) The question is, whether rent was paid to A for certain
land.
A letter from A's deceased agent to A, saying that he had
received the rent on A's account and held it at A's orders
is a relevant fact.
(f) The question is, whether A and B were legally married.
The statement of a deceased clergymen that he carried them
under such circumstances that the celebration would be
crime, is relevant.
(g) The question is, whether A, a person who cannot be
found, wrote a letter on a certain day. The fact that a
letter written by him is dated on that day is relevant.
(h) The question is, what was the cause of the wreck of a
ship.
A protest made by the Captain, whose attendance cannot be
procured, is a relevant fact.
(i) The question is, whether a given road is a public way.
A statement by A, deceased headman of the village, that the
road was public, is a relevant fact.
(j) The question is, what was the price of grain on a
certain day in a particular market.
A statement of a price, made by deceased banya in the
ordinary course of his business is a relevant fact.
(k) The question is, whether A, who is dead, was the father
of B.
A statement by A that B was his son, is a relevant fact.
(l) The question is, what was the date of the birth of A.
A letter from A's deceased father to a friend, announcing
the birth of A on a given day, is a relevant fact.
(m) The question is, whether and when, A and B were married.
An entry in a memorandum book by C, the deceased father of
B, of his daughter s marriage with A on a given date, is a
relevant fact.
(n) A sues B for libel expressed in a painted caricature
exposed in a shop window. The question is as to the
similarity of the caricature and its libelous character. The
remarks of a crowd of spectators on these points may be
proved.