Admission



Supreme Court in Civil Appeal No 6875 of 2008 titled Bhagwat Sharan v/s Purushottam & ors dated 
dated 03.04.2020 has relied upon the following judgment on ADMISSION
1. Nagubai Ammal and Ors. Vs. B. Shama Rao and Ors. (1956) 1 SCR 451 which is the locus classicus on the subject it was held as follows:-

“An admission is not conclusive as to the truth of the matters stated therein. It is only a piece of evidence, the weight to be attached to which must depend on the circumstances under which it is made. It can be shown to be erroneous or untrue, so long as the person to whom it was made has not acted upon it to his detriment, when it might become conclusive by way of estoppel.” (This view has been consistently followed by this Court in a large number of cases including Bharat Singh and Anr. vs. Bhagirathi 1966 SCR (1) 606; Uttam Singh Dugal and Co. vs. Union of India and Ors. (2000) 7 SCC 120;

2. Himani Alloys Ltd. v/s. Tata Steel Ltd., (2011) 15 SCC 273 it was also held that

“The admission should be categorical, should be conscious and deliberate act of the party making it. As far as the present case is concerned we do not find any clear-cut admission with regard to the existence of an HUF. At best, from the recitals in the mortgage deed and averments in the written statement, all that can be said is that at the relevant period of time the property was treated to be a joint property.

3. Diamond and Gem Development Corporation Ltd. and Anr AIR 2013 SC 1241, this Court made an observation that a party cannot be permitted to "blow hot and cold", "fast and loose" or "approbate and reprobate". Where one party knowingly accepts the benefits of a contract or conveyance or an order, it is estopped to deny the validity or binding effect on him of such contract or conveyance or order.

“The doctrine of Election may be thus stated: That he who accepts a benefit under a deed or will or other instrument must adopt the whole contents of that instrument, must conform to all its provisions and renounce all rights that are inconsistent with it....’’ This view has been accepted to be the correct view in Karam Kapahi and Ors. V/s. Lal Chand Public Charitable Trust and Ors (2010) 4 SCC 75

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