Section 91 of IEA : Section 91: Evidence of terms of contracts, grants and other dispositions of property reduced to form of document.

IEA

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Explanation using Example

Example 1:

Ravi and Suresh enter into a written contract where Ravi agrees to sell his house to Suresh for ₹50 lakhs. The contract is detailed in a document signed by both parties. Later, a dispute arises where Suresh claims that Ravi had verbally agreed to include the furniture in the sale. According to Section 91 of The Indian Evidence Act 1872, Suresh cannot provide oral evidence of this verbal agreement because the terms of the contract have been reduced to a written document. Only the written contract will be considered as evidence.

Example 2:

Priya receives a grant from the government for agricultural development. The terms of the grant are documented in an official grant letter. Priya later claims that the government had verbally promised additional funds for equipment. Under Section 91, Priya cannot use oral evidence to prove the additional verbal promise because the terms of the grant are already documented. The official grant letter will be the primary evidence.

Example 3:

Anil and Sunita have a written agreement where Anil agrees to lease his shop to Sunita for a period of 5 years at a monthly rent of ₹20,000. The agreement is documented and signed by both parties. Sunita later claims that Anil had verbally agreed to reduce the rent to ₹15,000 after the first year. According to Section 91, Sunita cannot provide oral evidence of this verbal agreement because the lease terms are documented. The written lease agreement will be the primary evidence.

Example 4:

Rajesh is appointed as a public officer by a written order from the government. He has been performing his duties for several years. In a legal proceeding, someone challenges Rajesh's appointment and demands proof of the written order. According to Exception 1 of Section 91, since Rajesh has been acting as a public officer, the written order of his appointment does not need to be proved.

Example 5:

Meera's father passes away, leaving a will that is admitted to probate in India. The will details the distribution of his property among his children. Meera's brother claims that their father had verbally promised him a larger share of the property. Under Exception 2 of Section 91, the will admitted to probate can be proved by the probate itself, and oral evidence of the verbal promise will not be admissible.

Example 6:

Vikram and Neha have a written contract for the sale of Vikram's car to Neha. The contract is documented in a series of emails exchanged between them. Later, a dispute arises about the terms of the sale. According to Explanation 1 of Section 91, all the emails that contain the terms of the contract must be proved as evidence.

Example 7:

Aman draws a bill of exchange in a set of three originals. In a legal dispute, only one of the originals is presented as evidence. According to Explanation 2 of Section 91, proving one original is sufficient, and the other two originals do not need to be proved.

Example 8:

Rohit gives a written receipt to Karan for ₹10,000 paid by Karan. Later, Karan claims that he paid an additional ₹5,000 which was not documented. According to Explanation 3 of Section 91, oral evidence of the additional payment is admissible because the receipt only documents the ₹10,000 payment and does not preclude oral evidence of other facts.

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