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

Evidence as to document unmeaning in reference to existing facts and Evidence as to application of language which can apply to one only of several persons are defined under section 95 and 96 of Indian Evidence Act 1872. Provisions under these sections are:

Section 95 of Evidence Act "Evidence as to document unmeaning in reference to existing facts"

When language use in a documents is plain it itself, but is unmeaning in reference to existing facts, evidence may be given to show that it was in a peculiar sense.

Illustrations

A sells to B, by deed, "my house in Calcutta"

A had no house in Calcutta, but it appears that he had a house at Howrah, of which B had been in possession since the execution of the deed.
These facts may be proved to show that the deed related to the house at Howrah.

Section 96 of Evidence Act "Evidence as to application of language which can apply to one only of several persons"

When the facts are such that the language used might have been meant to apply to any one, and could not have been meant to apply to more than one, of several persons or things, evidence may be given of facts which show which of those persons or things its was intended to apply to.

Illustrations

(a) A agrees to sell to B, for Rs. 1,000, "my white horse". A has two white horses. Evidence may be given of facts which show which of them was meant.

(b) A agrees to accompany B to Hyderabad. Evidence may be given of facts showing whether Hyderabad in the Deckhand or Hyderabad in Sindh was meant.

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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