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

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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