What is Evidence of terms of contracts, grants and other dispositions of property reduced to form of document? Section 91 of Indian Evidence Act 1872

Evidence of terms of contracts, grants and other dispositions of property reduced to form of document is defined under section 91 of Indian Evidence Act 1872. Provisions under this section is:

Section 91 of Evidence Act "Evidence of terms of contracts, grants and other dispositions of property reduced to form of document"

When the terms of a contract, or of a grant, or of any other disposition of property, have been reduced to the form of a document, and in all cases in which any matter is required by law to be reduced to the form of a document, no evidence shall be given in proof of the terms of such contract, grant or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions hereinbefore contained.

Exception 1. – When a public officer is required by law to be appointed in writing, and when it is shown that any particular person has acted as such officer, the writing by which he is appointed need not be proved.

Exception 2. – Wills [ admitted to probate in [India] may be proved by the probate.

Explanation 1- This section applies equally to cases in which the contracts grants or dispositions of property referred to are contained in one document and to cases in which they are contained in more documents than one.

Explanation 2—Where there are more originals than one, one original only need be proved.

Explanation 3. – The statement, in any document whatever, of a fact other then the facts referred to in this section, shall, not preclude the admission of oral evidence as to the same fact.

Illustration

(a) If a contract be contained in several letters, all the letters in which it is contained must be proved.

(b) If a contract is contained in a bill of exchange, the bill of exchange must be proved.

(c) If a bill of exchange is drawn in set of three, one only need be proved.

(d) A contracts, in writing, with B, for the delivery of indigo upon certain terms. The contract mentions the fact that B had paid A the price of other indigo contracted for verbally on another occasion.

Oral evidence is offered that no payment was made for the other indigo. The evidence is admissible.

(e) A gives B receipt for money paid by B.

Oral evidence is offered of the payment.

The evidence is admissible.

Indian Evidence Act 1872

What is Evidence of terms of contracts, grants and other dispositions of property reduced to form of document? Section 91 of Indian Evidence Act 1872

What is Exclusion of evidence of oral agreement? Section 92 of Indian Evidence Act 1872

What is Exclusion of evidence to explain or amend ambiguous document? What is Exclusion of evidence against application of document to existing facts? Section 93 and 94 of Indian Evidence Act 1872

What is Evidence as to document unmeaning in reference to existing facts? What is Evidence as to application of language which can apply to one only of several persons? Section 95 and 96 of Indian Evidence Act 1872

What is Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies? Evidence as to meaning of illegible characters, etc? Section 97 and 98 of Indian Evidence Act 1872

Who may give evidence of agreement varying terms of document? What is Saving of provisions of Indian Succession Act, relating to wills? Section 96 and 100 of Indian Evidence Act 1872

What is Burden of proof? On whom burden of proof lies? Section 101 and 102 of Indian Evidence Act 1872

What is Burden of proof as to particular fact? Is Burden of proving fact to be proved to make evidence admissible? Section 103 and 104 of Indian Evidence Act 1872

What is Burden of proving that case of accused comes within exceptions? What is Burden of proving fact especially within knowledge? Section 105 and 106 of Indian Evidence Act 1872

What is Burden of proving death of person known to have been alive within thirty years Burden of proving that person is alive who has not been heard of for seven years? Section 107 and 108 of Indian Evidence Act 1872

What is Burden of proof as to relationship in the cases of partners, landlord and tenant, principal and agent? Who has Burden of proof as to ownership? Section 109 and 110 of Indian Evidence Act 1872

 

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