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Tuesday, April 7, 2015

Evidence Act - Admissibility of previous depositions -2015 S.C.(1976) MSKLAWREPORTS

Evidence Act - Admissibility of previous depositions - Apex court held that
(i) The admissions by the 3rd defendant were substan-
 tive  evidence of the facts admitted and  such  admissions,
 duly proved, were admissible evidence irrespective of wheth-
 er the party making them appeared in the witness box or not,
 and  whether  that  party when appearing as  a witness  was
 confronted  with those statements in case a  statement con-
 trary  to those admissions was made. They were  taken into
 consideration against the 3rd defendant and not against  the
 2nd defendant. [975 H, 976 A-B]
 
 (ii)  There is no requirement of the Evidence  Act that
 unless the  admissions were adverse to his  interests when
 made,  they  could not be read against  the  person  making
 them. [976 F]
 (iii) The contention that the evidence of the admissions
 is admissible only in terms of s. 33 of the Evidence Act was
 untenable  because  that section deals with  statements  of
 persons  who  cannot  be called as witnesses  and  does  not
 restrict  or override the provisions relating to  admissions
 in the Evidence Act. [977 A-C] -2015 S.C.(1976) MSKLAWREPORTS

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