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Section 95 - Evidence as to document unmeaning in reference to existing facts | Indian Evidence Act, 1872 vs The Bharatiya Sakshya Adhiniyam, 2023 | LawFinder

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Indian Evidence Act, 1872 Section 95The Bharatiya Sakshya Adhiniyam, 2023 Section 98

Indian Evidence Act, 1872

Section 95

Evidence as to document unmeaning in reference to existing facts

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Indian Evidence Act, 1872

95. Evidence as to document unmeaning in reference to existing facts

When language use in a documents is plain it itself, but is unmeaning in reference to existing facts, evidence may be given to show that it was in a peculiar sense.

Illustrations

A sells to B, by deed, "my house in Calcutta"

A had no house in Calcutta, but it appears that he had a house at Howrah, of which B had been in possession since the execution of the deed.

These facts may be proved to show that the deed related to the house at Howrah.

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The Bharatiya Sakshya Adhiniyam, 2023

Section 98

Evidence as to document unmeaning in reference to existing facts

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The Bharatiya Sakshya Adhiniyam, 2023

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, "my house in Kolkata". A had no house in Kolkata, but it appears that he had a house at Howrah, of which B had been in possession since the execution of the deed. These facts may be proved to show that the deed related to the house at Howrah.

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