Indian Evidence Act

This query is : Resolved 
 

(Querist)
30 March 2011

Can someone exactly explain me the difference betweeen section 91 and 92 of Indian evidence Act?and also I am unable to understand the illustration (h)of section 92.Thanks in advance if someone can make me understand this.


Rakesh Shekhawat (Expert)
30 March 2011

Sec 91 excludes the oral evidence of certain matter which are required by law to be reduced in the form of a document while sec 92 makes oral evidence inadmissible to contradict terms of that documents.

Rakesh Shekhawat (Expert)
30 March 2011

Lets take first example when A hires lodgings of B, and gives B a card on which is written - "Rooms, Rs.200 a month". because card is not the terms of a contract which is required by law to be reduced to the form of a document that's why A may prove a verbal agreement that these terms were to include partial board but when A hires lodgings of B for a year, and a regularly stamped agreement, drawn up by an attorney is made between them. It is silent on the subject of board. A may not prove that the board was included in the terms verbally because that document is required by law to be reduced in the form of a document and no oral evidence may be given to contradict it.

B.B.R.Goud. (Expert)
05 April 2011

hi. i do agree with our learned friends.



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