Advanced Search Results

Narsingdas Takhatmal Vs. Radhakisan Rambakas and ors.

Court : Mumbai

Subject : FamilyProperty

Acts : Evidence Act, 1872 - Sections 92; Indian Contract Act, 1872 - Sections 17(3); Code of Civil Procedure (CPC), 1908 - Order 6, Rule 4; Transfer of Property Act, 1882 - Sections 9

Reported in : (1952)54BOMLR492

entitled to redeem the properties. On the question whether this was barred under Section 92 of the Indian Evidence Act, 1872, it was contended by the plaintiff that as he was not a party to the deed of partition … having regard to the nature and circumstances of the case, it was not open to the plaintiff under Section 92, Evidence Act to lead any evidence to show shut the sale-deeds which were executed by the plaintiff

Balachandran and anr. Vs. Gopalan and ors.

Court : Kerala

Subject : Property

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 11 - Order 41, Rules 4 and 33; ;Evidence Act, 1872 - Sections 92 and 92(6)

Reported in : AIR2001Ker337

held thus :-- 'Where a lease deed is in favour of X and Y, Section 92 of the Evidence Act, 1872, is clearly a bar to the plea by X that Y is merely a surety.10. Regarding the principle … the contesting respondents, the position of law in respect of their contentions can be examined hereunder : 7. Section 11 of the C.P.C. reads as follows :- 'Res judicata :-- No Court shall try any suit or

Prem Nath Motors Ltd. Vs. Union of India (Uoi)

Court : Delhi

Subject : BankingCivil

Acts : Arbitration Act, 1940 - Sections 37(3) and 37(5); Evidence Act, 1872 - Sections 92; Code of Civil Procedure (CPC) , 1908 - Sections 80

Reported in : IV(2008)BC311; 155(2008)DLT341

3 and 4 as well as 5 and 6 would run counters to Section 92 of the Indian Evidence Act, 1872 which states that when the terms of any contract or any matter required by law to be reduced … appeal of the Union of India was dismissed. Learned Counsel for the plaintiff has submitted that as per Sections 37(3) and Section 37(5) of the Arbitration Act, 1940, the period from the date of demand for arbitration

Vijayabai and ors. Vs. Shriram Tukaram and ors.

Court : Supreme Court of India

Subject : Tenancy

Acts : Bombay Tenancy and Agriculture Lands (Vidarbha Region) Act, 1938 - Sections 2(32), 6, 7, 8, 19, 46, 49B and 100(2); Evidence Act, 1872 - Sections 92; Indian Registration Act, 1908 - Sections 49

Reported in : AIR1999SC431; 1999(1)ALLMR(SC)225; JT1998(8)SC105; 1998(6)SCALE211; (1999)1SCC693; [1998]Supp3SCR54

question referred to in Sub-section (3) the Tahsildar shall, notwithstanding anything contained in Section 92 of the Indian Evidence Act, 1872, or in Section 49 of the Indian Registration Act, 1908, or in any other law for the time … was a tenant on appointed day, namely, 28th August, 1958 as also recorded and hence by virtue of Sections 46 and 49A is entitled to become statutory owner.6. Before we proceed to decide the controversy it is

Madan Lal Kapur Vs. Subhash Lal Kapur and ors.

Court : Delhi

Subject : Property

Acts : Arbitration Act - Sections 34; Registration Act - Sections 17(1), 17(2) and 49; Evidence Act, 1872 - Sections 91, 92 and 99; Trust Act - Sections 3(1), 3(2), 4(1), 4(2), 4(3), 7 and 82

Reported in : 2003VIIIAD(Delhi)108; 105(2003)DLT987; 2003(71)DRJ732

Secondly evidence of the factum of partition will not be admissible by reason of S. 91 of the Evidence Act, 1872. (2) Partition lists which are mere records of a previously completed partition between the parties, will be admitted … of title declaring for future what rights in what properties the parties possess.'19. The distinction and interplay between Sections 91 and 92 of the Evidence Act has been explained by the Apex Court in Bai Hira Devi

Mahiboobsaheb Kujruksaheb Harkare and ors. Vs. Yakubsaheb Saifansaheb ...

Court : Mumbai

Subject : Property

Acts : Urban Land (Ceiling and Regulation) Act, 1976; Evidence Act, 1872 - Sections 91 and 92; Specific Relief Act, 1963 - Sections 20

Reported in : 2006(3)ALLMR664; 2006(2)MhLj627

well as documentary evidence as adduced by both the parties and the scheme of Section 92 of the Evidence Act, 1872 and held that the plaintiffs had proved that the agreement for sale was signed by the defendants by … examined the oral as well as documentary evidence as adduced by both the parties and the scheme of Section 92 of the Evidence Act, 1872 and held that the plaintiffs had proved that the agreement for sale

Jatashanker Fulchand Mehta and ors. Vs. Mavji Trikam and anr.

Court : Gujarat

Subject : Civil

Acts : Evidence Act, 1872 - Sections 91, 92, 93, 94 and 99; Transfer of Property Act, 1882 - Sections 8, 58 and 105; Madras Agriculturists Relief Act; Saurashtra Rent Control Act

Reported in : AIR1969Guj169; (1969)GLR600

11-6-44. The question will have to be resolved by recourse to Sections 91 and 92 of the Indian Evidence Act, 1872. hereinafter referred to as 'the Act'. Both these sections are based on the best evidence rule. Under Section

State Bank of India and anr. Vs. Mula Sahakari Sakhar Karkhana Ltd.

Court : Supreme Court of India

Subject : Contract

Acts : Evidence Act, 1872 - Sections 91 and 92; Contract Act - Sections 124; Transfer of Property Act - Sections 58; State Bank of India Act, 1955

Reported in : AIR2007SC2361; 2006(5)ALD35(SC); 2006(3)AWC3124(SC); 2006(6)BomCR143; [2006]132CompCas565(SC); 2006(2)CTLJ1(SC); JT2006(6)SC152; 2006(6)MhLj257; 2006(6)SCALE600; (2006)6SCC

obligations of the guarantor flowing from the surety bond. As per Sections 91 and 92 of the Indian Evidence Act, 1872 no evidence dehors the terms of the agreement, whether documentary or oral, can be led by the parties

Kaniyankandiyil Kunhiraman Nambiar Vs. Pairu Kurup of Mannukandiyil Ta ...

Court : Kerala

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 8, 58, 98 and 105; Kerala Land Reforms Act, 1963 - Sections 2(22); Evidence Act, 1872 - Sections 91 and 92; Tenancy Laws; ;Kerala Land Reforms (Amendmen) Act, 1964

Reported in : AIR1970Ker16

1 of 1964 only removes the trammels imposed by the provisions of the Indian Evidence Act 1872 especially Sections 91 and 92 thereof in the interpretation of documents. In those cases to which Section 12(1) of Act … is therefore vitiated.6. Section 12. Sub-section (1) of Act 1 of 1964 reads thus:'Notwithstanding anything in the Indian Evidence Act, 1872 (Central Act 1 of 1872), or in any other law for the time being in force, any person

Basappa Gurubasappa Kittur Vs. Tayawa Virupaxappa

Court : Mumbai

Subject : PropertyCivil

Reported in : AIR1930Bom79; (1929)31BOMLR1266

the appellant reliance is placed on the concluding words 'Notwithstanding anything contained in Section 92 of the Indian Evidence Act 1872 or any other law for the time being in force' in Section 10A of Dekkhan Agriculturists' Relief Act. … Act was expressly enacted in order to admit oral evidence as to the real nature of the transaction. Sections 91 and 92 of the Indian Evidence Act are successive sections in Chapter VI of the Indian Evidence