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

Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies and Evidence as to meaning of illegible characters, etc. are defined under section 97 and 98 of Indian Evidence Act 1872. Provisions under these sections are:

 

Section 97 of Evidence Act "Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies"

When the language used applies partly to one set of existing facts, and partly to another set of existing facts, but the whole of it does not apply correctly to either, evidence may be given to show to which of the two it was meant to apply.


 

Illustration

A agrees to sell to B "my land at X in the occupation of Y". A has land at X, but not in the occupation of Y and he has land in the occupation of Y but it is not at X. Evidence may be given of facts showing which he meant to sell.

 

Section 98 of Evidence Act "Evidence as to meaning of illegible characters, etc"

Evidence may be given to show the meaning of illegible or not commonly intelligible characters, of foreign, obsolete, technical, local and provincial expressions, of abbreviations and of words used in a peculiar sense.

Illustration

A, a sculptor, agrees to sell to B, "all my mods" A has both models and modeling tools. Evidence may be given to show which he meant to sell

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