Evidence Act, 1872, Section 92 -- Sale deed - Oral evidence - Sale deed is required to be registered i.e. a document required by law to be reduced to the form of a document - Therefore, no evidence of any oral agreement or statement shall be admitted for the purpose of contradicting, varying, adding or subtracting from its terms...........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC - Before issuing notice there ought to be an application of mind by Court, as to prima facie ensure that suit is in conformity with mandate of S.92 CPC...........
Civil Procedure Code, 1908, Section 92 -- Public trust - Leave to institute suit u/s 92 CPC - Non-issuance of notice to proposed defendant before granting leave to suit u/s 92 CPC will not render the suit invalid since an order granting leave to suit does not prejudice rights of proposed defendant in suit - Proposed defendant has opportunity to lead evidence and establish..........
Civil Procedure Code, 1908, Section 92 -- Leave to institute suit u/s 92 CPC - Public trust or private trust - Trust deed stipulates that proceeds of property of trust must be utilized for maintenance of temple - Income of trust is to be utilized for discharging Government revenue - Trust deed prohibits trustees from transferring any property of trust and further not to..........
Civil Procedure Code, 1908, Section 92 -- Public trust - Leave to institute suit u/s 92 CPC - Locus to file suit - Plaintiffs belong to family of Founder of Trust and used to visit the temple for darshan and pooja of deity - Moreover, trustee has ample opportunity to lead evidence to disprove the statement of plaintiff that they belong to family of founder of Trust -..........
Civil Procedure Code, 1908, Section 92 -- Public trust - Leave to institute suit u/s 92 CPC - Trustees contended that trust deeds provided that if there is any dispute in respect to trust same may be referred to five panchas of Panchyat - Contention rejected firstly on the ground that dispute is not concerning about trustees rather allegations is of mismanagement of trust..........
Civil Procedure Code, 1908, Section 92 -- Public trust - Leave to institute suit u/s 92 CPC - Mismanagement of trust property by trustees - Averments in plaint disclose that proceeds of trust are being utilized by trustees for their personal use which is prohibited in trust deed - Temple is in a dilapidated condition and proceeds of property are not utilized for repair of..........
Evidence Act, 1872, Section 91, 92 -- Exclusion of oral evidence - Relinquishment deed - Defendant given up his rights in suit property in favour of his father/plaintiff - Alleged oral assurance which father is stated to have given in favour of both of his sons, would not hold any value in the face of a registered relinquishment deed and is contrary to written text of..........
Evidence Act, 1872, Section 92 -- Proviso (6) - Proviso - Resort to proviso can be only when document leave the question in doubt - However, when a document is a straightforward one and presents no difficulty in construing it, proviso does not apply...........
Evidence Act, 1872, Section 92, 95 -- Parole evidence - Once parties have accepted recitals and contract, respondent could not have adduced a contrary extrinsic parole evidence unless he portrayed ambiguity in language...........
