Evidence Act, 1872, Section 92 -- Proviso (1) - Oral evidence to contradict contents of registered document - Agreement to sell - Plaintiff failed to prove material pleadings and contents of document - Defendants adduced their oral evidence to show that agreement to sell was executed only to secure loan amount - It was not agreement to sell, but it was nominally executed..........
Evidence Act, 1872, Section 92 -- Sale deed - Subsequently executor executed another document transferring the same land, alongwith some other land - Sale deed duly registered testified to by attesting witness thereto and factum of registration of document also not disproved - Even in terms of S.92 of Evidence Act as regards its execution and registration, it cannot be..........
Evidence Act, 1872, Section 92 -- Registered document - Varying, adding or subtracting terms thereof by oral evidence - Not admissible - It is not necessary that document should be one which is compulsorily required to be registered as per law applicable...........
Registration Act, 1908, Section 17(1)(b), (c), Evidence Act, 1872, Section 92 -- Proviso(4) - Oral agreement - Effect of non-registration - Where the sale deed does not contain any recital to the effect that there were any terms and conditions attached to such sale and where possession had also been given - Any oral agreement laying down conditions in contrary, cannot be..........
Transfer of Property Act, 1882, Section 58(c), Evidence Act, 1872, Section 92 -- Mortgage by conditional sale or sale deed with condition for repurchase - Document not containing any recital as to enjoyment of property in lieu of interest payable on the amount - Any oral evidence adduced in this regard cannot be looked into in view of prohibition u/s 92 of Evidence Act...........
Evidence Act, 1872, Section 92 -- Oral evidence - Exclusion of - Certified copy of sale deed - Due execution of document not in doubt - As per document balance of sale consideration was paid by cheque, but as per witness it was paid by cash - Mere fact that after more than 3 decades of execution of document, witness made mistake in speaking manner of payment of balance..........
Evidence Act, 1872, Section 92 -- Recitals in a document - In a subsequent document this document relied upon - Not very material as subsequent conduct of a party is not important...........
Evidence Act, 1872, Section 91, 92 -- Document - Contents - Defendant admitted execution of document in written statement but challenged contents of document - Contents of documents cannot be accepted as they are...........
Evidence Act, 1872, Section 91, 92 -- Document admitted and marked during examination-in-chief of plaintiff - Plaintiff died subsequently and was not available for cross-examination - Said admitted documents can very well be taken into account and relied upon in the absence of plaintiff's evidence - However, other documents which were not admitted by defendants cannot be..........
Evidence Act, 1872, Section 91, 92 -- Contents of document - Court cannot enter into enquiry to contradict, vary or add to terms of agreement, especially when there is no pleadings at all, as no evidence can be taken on record when it is not specifically raised or expressly pleaded by parties...........
