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
Exclusion of evidence to explain or amend ambiguous document
and Exclusion of evidence against application of document to
existing facts are defined under section 93 and 94 of
Indian Evidence Act 1872.
Provisions under these sections are:
Section 93 of Evidence Act "Exclusion of evidence to
explain or amend ambiguous document"
When the language used in a document is, on its face,
ambiguous or defective, evidence may not be given of facts
which would show its meaning or supply its defects.
Illustrations
(a) A agrees, in writing, to sell a horse to B for "Rs.
1,000 or Rs. 1,500".
Evidence cannot be given to show which price was to be
given.
(b) A deed contains blanks. Evidence cannot be given of
facts which would show how they were meant to be filled.
Section 94 of Evidence Act "Exclusion of evidence against
application of document to existing facts"
When language used in a document is plain in
itself, and when it applies accurately to existing facts,
evidence may not be given to show that it was not meant to
apply to such facts.
Illustrations
A sells to B, by deed, "my estate at Rampur containing 100
bighas". A has an estate at Rampur containing 100 bighas.
Evidence may not be given of the fact that the estate meant
to be sold was one situated at a different place and of a
different size.
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
