Evidence Act, 1872
Section 17—Admission—What constitute—Admission is a conscious and deliberate act and not something that could be inferred—An admission could be a positive act of acknowledgement or confession—To constitute an admission, one of the requirements is a voluntary acknowledgement through a statement of the existence of certain facts during the judicial or quasi-judicial proceedings, which conclude as true or valid the allegations made in the proceedings or in the notice—Formal act of acknowledgement during the proceedings waives or dispenses with the production of evidence by the contesting party—Admission concedes, for the purpose of litigation, the proposition of fact claimed by the opponents as true—An admission is also the best evidence the opposite party can rely upon, and though inconclusive, is decisive of the matter unless successfully withdrawn or proved erroneous by the other side.
[Para 13.1]
Section 18—Asmission by party to proceeding or his agent—Section 18 of the Evidence Act deals with : (i) admission by a party to a proceeding, (ii) his agent, (iii) by a suitor in a representative character, (iv) statements made by a party in trusted subject matter, (v) statements made by a person from whom interest is derived—Qualifying circumstances to merit as admission are subject to satisfying the requirements.
[Para 13.3]
Partition
Entitlement of share to children of void or voidable marriages—Dismissal of suit by the High Court—Appeal—Once the status of parties, other than third respondent, is established as the extended family of the propositus, irrespective of whether the marriages of second appellant and second respondent with propositus are void or voidable, denying the children of propositus a share in the property of notional partitioned in favour of propositus, is unsustainable in law and fact—Third appellant claims to be the daughter of propositus, and the law, as applicable to the separate share of propositus, grants an equal share to the daughter along with the sons of propositus—Preliminary decree of partition is passed.
[Paras 16 & 18]