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
Who may give evidence of agreement varying terms of document
and Saving of provisions of Indian Succession Act, relating
to wills are defined under section 99 and 100 of Indian
Evidence Act 1872.
Provisions under these sections are:
Section 99 of Evidence Act "Who may give evidence of
agreement varying terms of document"
Persons who are not parties to a document, or their
representatives in interest, may give evidence of any facts
tending to show a contemporaneous agreement varying the
terms of the document.
Illustration
A and B make a contract in writing that B shall sell A
certain cotton, to be paid for on delivery. At the same time
they make an oral agreement that three months credit shall
be given to A. This could not be shown as between A and B,
but it might be shown by C, if it affected his interests.
Section 100 of Evidence Act "Saving of
provisions of Indian Succession Act, relating to wills"
Nothing in this Chapter contained shall be
taken to affect any of the provisions of the Indian
Succession Act77 (10 of 1865) as to the construction of
wills.
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