​KembaraXtra – Indian Evidence Law- Bharatiya Sakshya Adhiniyam (BSA) – Existence of Course of Business when Relevant [Section 14]
1. Meaning of Section 14Section 14 deals with:

• Relevancy of existence of course of business.

It states that:
When the question is whether a particular act was done, the existence of any course of business according to which it naturally would have been done is a relevant fact.

2. Principle of Section 14If:

• An act is usually done in a regular course of business or office,

then:

• The court may consider that the act was done in the present case also.

📌 The section is based on:

• Ordinary human conduct,
• Regular office/business routine.

3. Essentials of Section 14To apply Section 14:

1. There must be a question whether a particular act was done.
2. A regular course of business or office must exist.
3. The act must ordinarily be done according to that routine.

4. Illustrations
Illustration (a) – Dispatch of LetterQuestion:

• Whether a particular letter was dispatched.

Relevant facts:

• All letters placed at a certain place are ordinarily posted.
• The particular letter was placed there.

👉 Relevant to prove dispatch.

Illustration (b) – Delivery of LetterQuestion:

• Whether a particular letter reached A.

Relevant facts:

• Letter was properly posted.
• Letter was not returned by Return Letter Office.

👉 Presumption that letter reached A.

5. Scope of Section 14

• Section 14 deals with relevancy of facts.
• It does NOT itself create a presumption.

📌 It only makes evidence of course of business admissible.

6. Difference Between Section 14 and Section 119Section 14

• Deals with relevancy of facts.
• Applies to public and private business/offices.
• More general in nature.

Section 119

• Deals with presumptions of fact.
• Court may presume common course of business was followed.
• Illustration (f) mainly relates to post office business.

7. Course of Business“Course of business” means:

• Usual routine,
• Habitual office practice,
• Regular system followed in business or office work.

📌 Law gives evidentiary value to such regular practice.

8. Presumption from Course of BusinessIf:

• An act is shown to have been done according to ordinary course of business,

then:

• Court may presume the act was properly done.

Example:

• Clerk habitually posts all letters handed to him.
• Particular letter was handed to him.

👉 Court may presume letter was posted.

9. Delivery of LettersWhen:

1. Letter is properly posted, and
2. It is not returned,

👉 Court may presume it was delivered.
📌 Based on ordinary postal routine.

10. Refusal to Accept LetterIf:

• Addressee refuses to receive letter,

then:

• He cannot later deny knowledge of contents.

📌 Postal endorsement showing refusal becomes proof.

11. Important Points✔ Section 14 relates to relevancy, not presumption
✔ Applies to private and public business routines
✔ Regular office practice is relevant evidence
✔ Helps prove dispatch/delivery of documents
✔ Connected with Section 119 illustration (f)

12. Quick Revision Points

• Section 14 = relevance of course of business.
• Routine business practice helps prove disputed acts.
• Posting and delivery of letters are common examples.
• Refusal to receive letter amounts to notice.
• Section 14 deals with admissibility; Section 119 deals with presumption.

KembaraXtra – Legal Terms – Mistake
A mistake is a misunderstanding or incorrect belief concerning either facts or law. In contract law, mistakes can affect whether an agreement is legally valid and enforceable
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Mistakes may be categorized as common mistakes, mutual mistakes, or unilateral mistakes. A common mistake occurs when both parties share the same misunderstanding, such as believing the subject matter still exists when it does not. A mutual mistake arises when both parties misunderstand each other, while a unilateral mistake involves only one party being mistaken.

Not every mistake makes a contract void. The courts usually require the mistake to affect something fundamental to the agreement before invalidating the contract. For example, a common mistake will only void a contract if it destroys the essential basis of the agreement.

Courts may also grant remedies where written documents fail to reflect the parties’ true intentions. In some cases, documents may be corrected through rectification, while in others a party may rely on the defence of non est factum if fundamentally mistaken about the nature of the document signed.
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In criminal law, mistake can affect liability by showing that the accused lacked the required mens rea. A person may avoid criminal responsibility if they honestly or reasonably misunderstood the facts in circumstances where the law recognizes such a defence.

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KembaraXtra – Legal Terms – Mistakes in Judgment
Mistakes in judgment refer to errors made by a court or judge during legal proceedings.
Such mistakes are often corrected under what is known as the slip rule, which allows accidental errors or omissions in judgments and orders to be amended.
The rule exists to ensure that judgments accurately reflect the court’s intentions and to prevent injustice caused by clerical or procedural mistakes.
Examples include incorrect calculations, typographical errors, or accidental omissions in court orders.
The correction of such mistakes does not normally involve reconsidering the substance of the court’s decision itself.

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KembaraXtra – Legal Terms – Mistrial
A mistrial is a trial that becomes invalid because of a serious defect or irregularity in the proceedings.
Such defects may arise from procedural errors, jury misconduct, prejudicial events, or circumstances preventing a fair hearing. When this happens, the trial cannot properly continue or the verdict cannot safely stand.
A mistrial may result in the proceedings being terminated before judgment or in a conviction being set aside on appeal.
Courts declare mistrials in order to protect the fairness and integrity of the justice system.
Following a mistrial, a new trial may sometimes be ordered depending on the circumstances of the case.

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​KembaraXtra – Legal Terms – Mitigation


Mitigation refers to reducing the seriousness of a penalty, loss, or injury. In criminal law, mitigation commonly arises during sentencing after a defendant has been convicted.


During a plea in mitigation, the defence may present factors that justify a lighter sentence. These may include the offender’s personal circumstances, remorse, good character, health issues, or reduced responsibility for the offence.


The court may also consider family circumstances and other compassionate factors. Hearsay evidence and documentary character evidence are generally admissible during mitigation hearings.


In civil law, mitigation refers to the duty of an injured party to take reasonable steps to minimize losses arising from a tort or breach of contract. A claimant cannot recover damages for avoidable losses caused by failing to act reasonably.


The principle therefore promotes fairness by ensuring that compensation reflects genuine and unavoidable losses only.

​KembaraXtra – Bharatiya Sakshya Adhiniyam (BSA) – Admissions (Sections 15–23)
1. Meaning of Admission [Section 15]
​An admission is:

• A statement (oral, documentary, or electronic),
• Which suggests an inference regarding:
  • A fact in issue, or
  • A relevant fact.

📌 Statement = genus
📌 Admission = species
📌 Confession = sub-species of admission
Case:

• Aghanoo Nagesia v State of Bihar
  • Supreme Court held that confession is a species of admission.

2. Essentials of AdmissionAn admission becomes relevant when:

1. It is made by persons mentioned in Sections 16–18.
2. It satisfies conditions under Sections 16–25.
3. It relates to facts in issue or relevant facts.

3. Meaning of “Statement”A statement may be:

• Oral
• Written
• Electronic

📌 Communication is not necessary.
Cases:

• Bhogilal v State of Maharashtra
• Sahoo v State of U.P.

👉 Even:

• Soliloquy,
• Diary entries,
• Private statements

may amount to admissions/confessions.

4. Admissions as Exception to Hearsay RuleAdmissions and confessions are exceptions to hearsay rule because:

• A person generally does not make statements against his own interest unless true.

Example:A writes in diary:
“I killed B.”
Even if not communicated, it is admissible.

5. Admissions as Substantive EvidenceAdmissions are substantive evidence if properly proved.
Cases:

• Bishwanath Prasad v Dwarka Prasad
• Union of India v Moksh Builders
• Bharat Singh v Bhagirathi

Principles:

• Admission is admissible proprio vigore (by its own force).
• Maker need not appear in witness box.
• No need to confront maker before proving admission.

6. Justification for Admissibility of Admissions
(a) Admissions as Waiver of Proof

• Admission dispenses with necessity of proving admitted fact.
• Supported by Section 53 BSA.
• Court may still demand proof if necessary.

(b) Admissions as Statements Against Interest

• People ordinarily do not make statements harmful to themselves unless true.

(c) Admissions as Evidence of Truth

• Statements made by party are treated as reflecting truth regarding disputed facts.

(d) Admissions as EstoppelWhere:

1. Admission amounts to representation, and
2. Other party acts upon it,

👉 Maker cannot later deny it.

7. Kinds of Admissions
A. Formal Admissions (Judicial Admissions)Made:

• In pleadings,
• During judicial proceedings,
• During trial/hearing.

Features:

• Binding on maker,
• Operate as waiver of proof,
• Strong evidentiary value.

📌 Governed by:

• Order 12 CPC,
• Section 53 BSA,
• Section 330 BNSS.

B. Informal Admissions (Extra-Judicial Admissions)Made outside court:

• Oral,
• Written,
• Casual conversations,
• Business communications.

Features:

• Not conclusive,
• Can be rebutted.

8. Admission by ConductAdmissions may arise through:

• Active conduct,
• Passive conduct.

📌 Governed by Section 6 BSA.
Examples:

• Leaving father’s name blank in birth register → admission of illegitimacy.
• Remaining silent when accused of debt → admission by silence.

9. Silence as AdmissionSilence amounts to admission when:

• Reply/denial is naturally expected, or
• There is duty to speak.

Example:In breach of promise to marry:

• Woman alleges promise,
• Man remains silent and offers money.

👉 Silence treated as admission.

10. Admissions Must be ClearAdmissions must be:

• Unequivocal,
• Clear,
• Comprehensive,
• Unambiguous.

Court reads statement as a whole.

11. Admission of LawAdmissions on pure questions of law:
❌ Not binding on court.
Court independently determines legal position.

12. Admission under Section 351 BNSSAdmissions by accused during examination:

• May be considered by Court,
• But cannot solely form basis of conviction.

Case:

• State of U.P. v Lakhmi

13. Difference Between Admission and Confession (Note Form)Admission

• Wider concept.
• Applies in both civil and criminal cases.
• Need not amount to acknowledgment of guilt.
• May merely suggest inference regarding relevant fact.
• Can be self-serving or self-harming.
• Governed mainly by Sections 15–21 BSA.

Confession

• Narrower concept and species of admission.
• Used mainly in criminal cases.
• Must admit guilt substantially.
• Always relates to commission of offence.
• Usually inculpatory in nature.
• Governed mainly by Sections 22–24 BSA.

14. Important PrinciplesAdmissions:✔ Are substantive evidence
✔ Are exceptions to hearsay rule
✔ May be oral/written/electronic
✔ May arise through conduct or silence
✔ Are generally rebuttable
But:❌ They are not conclusive proof unless they operate as estoppel.

15. Quick Revision Points

• Sections 15–23 BSA deal with admissions and confessions.
• Confession is species of admission.
• Judicial admissions are strongest.
• Silence may amount to admission.
• Admissions are substantive but not conclusive evidence.
• Estoppel makes admission conclusive.

​KembaraXtra – Indian Evidence Law – Bharatiya Sakshya Adhiniyam – Admission by Party to Proceeding or His Agent (Section 16)
1. General RuleAdmissions may be made by:

• A party to the proceeding, or
• His agent, expressly or impliedly authorised to make such statements.

👉 Such statements are treated as relevant admissions.

2. Admission by Agent [Section 16(1)]Statements made by an agent are admissions when:

• The Court believes the agent was expressly or impliedly authorised, and
• The statement relates to the matter in dispute.

📌 Examples of agents:

• Advocate
• Partner
• Authorized representative

3. Admissions by Representatives or Other Persons [Section 16(2)]Admissions are also relevant when made by:

(a) Persons Suing or Sued in Representative Capacity

• Admission is relevant if made while holding that representative character.

📌 Example:

• Trustee
• Executor
• Administrator

(b) Persons Having Proprietary or Pecuniary Interest

• Must have:
  • Financial/property interest in subject matter
  • Statement made during continuance of that interest

📌 Example:

• Co-owner admitting right of way over joint property

(c) Persons from Whom Interest is Derived

• Statements by predecessors in interest are admissions
• Must be made while they still had interest in property

📌 Types of privity:

1. Privity in law
2. Privity in blood
3. Privity in estate

4. By Whom Admissions Can Be Made (Complete List)Admissions may be made by:

1. Party to proceeding or authorized agent
2. Persons suing/sued in representative capacity
3. Persons with proprietary or pecuniary interest
4. Persons from whom parties derive interest
5. Persons whose liability/position must be proved (Section 17)
6. Persons expressly referred for information (Section 18)

5. Admission by Partners and AdvocatesPartners

• Admission by one partner is relevant:
  • During partnership
  • About partnership matters

❌ Not relevant:

• Before partnership began
• After partnership ended (unless relating to earlier transactions)

Advocates

• Admissions made by advocate in course of proceedings may bind client
• Especially formal admissions under procedural law

6. Who are NOT IncludedGenerally NOT treated as agents for admission:

• Guardian of minor ward
• Co-defendants
• Principal and surety

7. Representative CharacterA person acts in representative character when acting:

• For another person, or
• For an estate/trust

📌 Example:

• Trustee admitting facts about trust property

8. Vicarious AdmissionsAdmissions under Sections 17 & 18 are called:
👉 Vicarious Admissions
Reason:

• Made by strangers/third persons
• Yet admissible due to special relationship or circumstances

9. Core Principle👉 Statements made by persons connected with the dispute through authority, interest, or representation may bind the party.

Quick Revision Line👉 Admissions can be made not only by parties, but also by authorized agents, representatives, interested persons, and persons connected with the subject matter.

KembaraXtra – Legal Terms – Mixed Action
A mixed action is a legal action that combines claims relating to real property with claims for damages.
Historically, such actions arose where disputes involved both rights over land and compensation for loss or injury connected to that land.
The action therefore contains elements of both property litigation and personal claims for monetary relief.
Mixed actions developed within older procedural systems that classified court actions into different categories.
Although the historical distinctions are less important in modern procedure, the concept still has relevance in legal history and property la

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​KembaraXtra – Legal Terms – Mixed Fund


A mixed fund is a fund consisting of money derived from both real property and personal property.


Such funds commonly arise in estates and trusts where proceeds from different categories of assets are combined together.


Questions may then arise regarding how the money should be distributed among beneficiaries with different rights or interests.


The administration of mixed funds often requires careful accounting to identify the source and nature of the assets involved.


Equitable principles may be applied by courts to resolve disputes concerning entitlement to the fund.

KembaraXtra – Legal Terms – Mixed Property
Mixed property refers to property that possesses characteristics of both real and personal property.
Certain legal rights or items cannot be classified entirely within one category, and therefore occupy a mixed position in property law.
An example is emblements, which involve crops grown on land but capable of being treated as personal property under specific circumstances.
The distinction between real and personal property affects ownership, inheritance, transfer, and remedies.
Mixed property demonstrates that legal classifications are sometimes flexible and dependent on context.

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