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Section 97 - Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies | Indian Evidence Act, 1872 vs The Bharatiya Sakshya Adhiniyam, 2023 | LawFinder

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Indian Evidence Act, 1872 Section 97The Bharatiya Sakshya Adhiniyam, 2023 Section 100

Indian Evidence Act, 1872

Section 97

Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies

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Indian Evidence Act, 1872

97. 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 apply correctly to either, evidence may be given to show to which of the two it was meant to apply.

Illustration

A agrees to sell to B "my land at X in the occupation of Y". A has land at X, but not in the occupation of Y and he has land in the occupation of Y but it is not at X. Evidence may be given of facts showing which he meant to sell.

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The Bharatiya Sakshya Adhiniyam, 2023

Section 100

Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies

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The Bharatiya Sakshya Adhiniyam, 2023

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 apply correctly to either, evidence may be given to show to which of the two it was meant to apply.

Illustration.

A agrees to sell to B "my land at X in the occupation of Y". A has land at X, but not in the occupation of Y, and he has land in the occupation of Y but it is not at X. Evidence may be given of facts showing which he meant to sell.

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