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
