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Home Evidence Act

Evidence Act, Section 91, 92 – even a third party can only prove such contract by the production of such writing.

by PLRonline
October 18, 2021
in Evidence Act
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Evidence Act, Section 91, 92  – In Section 92 the legislature has prevented oral evidence being adduced for the purpose of varying the contract as between the parties to the contract; but, no such limitations are imposed under Section 91 – Having regard to the jural position of Sections 91 and 92 and the deliberate omission from Section 91 of such words of limitation, it must be taken note of that even a third party if he wants to establish a particular contract between certain others, either when such contract has been reduced to in a document or where under the law such contract has to be in writing, can only prove such contract by the production of such writing.

Read here: 2003 PLRonline 0007

Tags: Evidence Act S. 91Evidence Act S. 92
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Roop Kumar v. Mohan Thedani, 2003 PLRonline 0007

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Evidence Act, Section 91, 92 – S. 91 applies to all documents, whether they purport to dispose of rights or not, whereas S. 92 applies to documents which can be described as dispositive

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