Evidence Act, 1872, Section 91, 92 -- Oral evidence to contradict contents of document - Agreement to sell - Parties ought to be bound by terms of written deed or contract and it is only in most extraordinary circumstances, suggesting a sham transaction or an entirely different one from which had been scripted in contract or deed, that oral evidence may be considered..........
Evidence Act, 1872, Section 92 -- Oral evidence - Bar imposed by S.92 of the Act would not apply if a party does not rely upon terms of a document, but says that something different from ostensible terms was intended by parties...........
Evidence Act, 1872, Section 92 -- Oral evidence - Parole evidence of parties different from written terms of contract is against the rule of exclusion of oral by documentary evidence...........
Civil Procedure Code, 1908, Section 92 -- Suit for permanent injunction by Public Charitable Trust - Leave of Court to file suit u/s 92 CPC - S.92 CPC is not applicable to such a suit as suit does not relate to removal of a trustee, appointment of a trustee, direction to a trustee, account and enquiries of the trust, usage of the trust property for a particular purpose,..........
Civil Procedure Code, 1908, Section 92(1) -- Suit u/s 92 CPC - In order to maintain a suit u/s 92 CPC, persons applying should show existence of a public charitable or a religious Trust or a purpose - There should be a clear breach of terms of Trust - Such a petition could be filed by two persons interested in the affairs of Trust...........
Civil Procedure Code, 1908, Section 92(1) -- Suit u/s 92 CPC - For Court to exercise jurisdiction u/s 92 CPC, there must be a factual finding from material placed on record whether Trust was a public charitable or a religious Trust and also whether persons approaching Court have any interest in Trust...........
Civil Procedure Code, 1908, Section 92 -- Temple - Public or private - Determination - Temple is being administered by public, that new poojas and festivals are being conducted by them in temple - Public have renovated the temple and constructed buildings without involvement of family of plaintiff No.2 - Merely because a document is not executed by plaintiff No.2 and his..........
Civil Procedure Code, 1908, Section 92 -- Leave to file suit u/s 92 CPC - Existence of trust is necessary for leave to file suit u/s 92 CPC...........
Civil Procedure Code, 1908, Section 92, Order 1, Rule 8 -- Distinction between suit filed u/s 92 CPC and O.1.R.8 CPC - Prior permission of Court is mandatory for a suit to be instituted u/s 92 CPC and in a suit U.O.1.R.8 CPC leave can be granted post institution of suit - Suit u/s 92 CPC can only be maintained where it relates to public charitable and religious trust and..........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31, Indian Contract Act, 1872, Section 25, Evidence Act, 1872, Section 91, 92 -- Sale deed - Cancellation of sale deed - Sale deed alleged to be executed under coercion and threat and without receiving any consideration - In the sale deed, it is mentioned that sale consideration was received by..........
