Evidence Act, 1872, Section 34, 92 -- Bahi entry - Loan was advanced on the basis of bahi entry - As per plaintiff, defendant has agreed to pay interest at the rate of 1% per month - Only oral evidence is available with regard to loan made on interest - Such oral evidence is excluded u/s 92 of Act - Thus, plaintiff is not entitled to any interest from date of loan till..........
Evidence Act, 1872, Section 61, 62, 64, 91, 92 -- Contents of a document - Once document is admitted in evidence, contents of that document are also liable to be treated as admitted in evidence though contents may not be conclusive evidence of fact...........
Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 91, 92 -- Application for leading evidence and summoning of witnesses - Written agreement - Oral evidence cannot be adduced for the purpose of varying the contract - Moreso there is no requirement to examine the witnesses as agreement has already been admitted by the complainant - Application rightly..........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC with permission of Court - Prayer for revocation of permission - Question as to whether Trust in question is a private Trust or charitable Trust - It is always open to defendant to take objection in this regard - Said issue should not be decided as preliminary issue, as nature of Trust can only be determined after..........
Evidence Act, 1872, Section 92 -- Written contract - Normally contents of a written contract cannot be permitted to be varied by setting up some oral contract...........
Evidence Act, 1872, Section 92 -- Proviso 1 - Oral evidence - Admissibility - Documents never intended to be acted upon as it was a loan transaction, which was orally entered into between parties though it is not so recorded in the documents - Matter therefore, clearly covered by Proviso 1 thus it is permissible by Court to take into consideration the oral evidence, even..........
Evidence Act, 1872, Section 92 -- Proviso 1 - Exclusion of evidence of oral agreement - Plea to invalidate any document proved in accordance with S.91 of Evidence Act is available, where a case is made out of fraud, intimidation, illegality, want of due execution, want of capacity in any contracting party, want or failure of consideration or mistake in fact or law...........
Evidence Act, 1872, Section 92 -- Proviso 2 - Parol evidence - Admissibility - Where a contract or disposition not required by law to be reduced into writing has been arrived at orally then existence of any distinct subsequent oral agreement modifying or rescinding the said contract or disposition can be substantiated by parol evidence such evidence is admissible -..........
Evidence Act, 1872, Section 92 -- Distinction between proviso 1 and 4 - Analysed...........
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 7, Rule 11, Evidence Act, 1872, Section 91, 92 -- Judgment on admission and rejection of counter claim - Defendant executed sale deed in favour of plaintiff - Admission with regard to execution and registration of sale deed is clear and unequivocal - Defence of defendant barred by Ss.91 & 92..........
