WritingLaw (Page 5)

95. Exclusion of evidence of oral agreement. When the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document, have been proved according to section 94, no evidence of any oral agreement or statementRead…

96. Exclusion of evidence to explain or amend ambiguous document. When the language used in a document is, on its face, ambiguous or defective, evidence may not be given of facts which would show its meaning or supply its defects. Illustrations: (a) A agrees, in writing, to sell a horseRead…

97. Exclusion of evidence against application of document to existing facts. When language used in a document is plain in itself, and when it applies accurately to existing facts, evidence may not be given to show that it was not meant to apply to such facts. Illustration: A sells toRead…

98. Evidence as to document unmeaning in reference to existing facts. When language used in a document is plain in itself, but is unmeaning in reference to existing facts, evidence may be given to show that it was used in a peculiar sense. Illustration: A sells to B, by deed,Read…

99. Evidence as to application of language which can apply to one only of several persons. When the facts are such that the language used might have been meant to apply to any one, and could not have been meant to apply to more than one, of several persons orRead…

100. Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies. When the language used applies partly to one set of existing facts, and partly to another set of existing facts, but the whole of it does not applyRead…

101. Evidence as to meaning of illegible characters, etc. Evidence may be given to show the meaning of illegible or not commonly intelligible characters, of foreign, obsolete, technical, local and regional expressions, of abbreviations and of words used in a peculiar sense. Illustration: A, sculptor, agrees to sell to B,Read…

102. Who may give evidence of agreement varying terms of document. Persons who are not parties to a document, or their representatives in interest, may give evidence of any facts tending to show a contemporaneous agreement varying the terms of the document. Illustration: A and B make a contract inRead…

103. Saving of provisions of Indian Succession Act relating to wills. Nothing in this Chapter shall be taken to affect any of the provisions of the Indian Succession Act, 1925 as to the construction of wills. Get the new BSA PDFRead…

PART IV – PRODUCTION AND EFFECT OF EVIDENCE CHAPTER VII – OF THE BURDEN OF PROOF 104. Burden of proof. Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts exist, andRead…

105. On whom burden of proof lies. The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side. Illustrations: (a) A sues B for land of which B is in possession, and which, as ARead…

106. Burden of proof as to particular fact. The burden of proof as to any particular fact lies on that person who wishes the Court to believe in its existence, unless it is provided by any law that the proof of that fact shall lie on any particular person. Illustration:Read…

107. Burden of proving fact to be proved to make evidence admissible. The burden of proving any fact necessary to be proved in order to enable any person to give evidence of any other fact is on the person who wishes to give such evidence. Illustrations: (a) A wishes toRead…

108. Burden of proving that case of accused comes within exceptions. When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the General Exceptions in the Bharatiya Nyaya Sanhita, 2023 or within any special exception or proviso containedRead…