Difference Between an Admissions and Estoppel
No. |
Admissions |
Eatoppel |
1) |
Definition: An admission is a statement, oral or documentary which suggests an inference as to any fact in issue or relevant fact, and which is made by any of the parties to the suit under certain circumstances. |
An Estoppel is a rule of evidence which prohibits a person from contradicting his former representation or conduct, which provides no one shall be allowed to speak or behave contrary to that his earlier statement. |
2) |
Admissions are not conclusive evidence. It can be rebutted against their makers and those claiming under them by positive proof. |
Estoppel is conclusive |
3) |
In some circumstances, the admission of the third person binds the parties to the suit i.e. Section 90 and 20 of Indian Evidence Act. |
Estoppel operates only against the person making representation and his legal representative. |
4) |
Admission is a weak kind of evidence |
|
5) |
Person making admission is not necessarily induced |
In case of Estoppel the person whom representation is made is induced and thereby his position is changed to his detriment. |
6) |
The rules regarding admissions is laid down under Section 17 to 23 and Section 31 of the Indian Evidence Act |
The rule regarding Estoppel is laid down under section 115 of Evidence Act |
😃😊 thq
ReplyDelete