Section 147 of BSA : Section 147: Evidence as to matters in writing.
BSA
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Explanation using Example
Example 1:
Scenario: Property Dispute
Context: Raj and Simran are in a legal dispute over the ownership of a piece of land. Raj claims that Simran sold the land to him through a written agreement, but Simran denies this and says there was no such document.
Application of Section 147: During the trial, Raj calls a witness, Aman, who claims to have seen the written agreement. The court asks Aman if the agreement was in writing. Aman confirms it was. Simran's lawyer objects, stating that the actual document should be produced as evidence. The court agrees and rules that Raj must produce the written agreement. If Raj cannot produce the document, he must provide secondary evidence to prove its existence and contents.
Outcome: Raj fails to produce the written agreement and cannot provide sufficient secondary evidence. The court rules in favor of Simran, dismissing Raj's claim.
Example 2:
Scenario: Contractual Dispute
Context: Meera and Arjun are in a dispute over a business contract. Meera claims that Arjun agreed to supply 100 units of goods per month, but Arjun denies this and says there was no written contract.
Application of Section 147: During the trial, Meera calls a witness, Priya, who claims to have seen the written contract. The court asks Priya if the contract was in writing. Priya confirms it was. Arjun's lawyer objects, stating that the actual document should be produced as evidence. The court agrees and rule...
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