Evidence Act, 1872, Section 92 -- Sale deed - Oral evidence - Plea that document was never intended to be acted upon and document is a sham - Such question arises when one party asserts that there has been a different transaction altogether than what is recorded in the document - It is for that purpose oral evidence is admissible...........
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 -- 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 -..........
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...........
Evidence Act, 1872, Section 91, 92 -- Oral evidence - Written evidence sought to be excluded by oral evidence - Onus is on the person who wants to exclude such written evidence by oral evidence to adduce evidence sufficient to exclude the written evidence - In the instant case plaintiff has not produced sufficient evidence to establish that agreement was executed by..........
Evidence Act, 1872, Section 92 -- Proviso (1) - Oral evidence - Can be adduced as per S.92 Proviso (1) of the Act in respect of any fact which would invalidate any document at the instance of any party to such document or their representatives in interest...........
