Section 91 Indian Evidence Act

IEA 91 : Section 91 of the Indian Evidence Act:

Evidence of terms of contracts, grants and other dispositions of property reduced to form of documents.—When the terms of a contract, or of a grant, or of any other disposition of property, have been reduced to the form of a document, and in all cases in which any matter is required by law to be reduced to the form of a document, no evidence1 shall be given in proof of the terms of such contract, grant or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions hereinbefore contained.—When the terms of a contract, or of a grant, or of any other disposition of property, have been reduced to the form of a document, and in all cases in which any matter is required by law to be reduced to the form of a document, no evidence2 shall be given in proof of the terms of such contract, grant or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the provisions hereinbefore contained." Exception 1.—When a public officer is required by law to be appointed in writing, and when it is shown that any particular person has acted as such officer, the writing by which he is appointed need not be proved. Exception 2.—Wills 2[admitted to probate in 3[India]] may be proved by the probate. Explanation 1.—This section applies equally to cases in which the contracts, grants or dispositions of property referred to are contained in one document, and to cases in which they are contained in more documents than one. Explanation. 2.—Where there are more originals than one, one original only need be proved. Explanation 3.—The statement, in any document whatever, of a fact other than the facts referred to in this section, shall not preclude the admission of oral evidence as to the same fact. Illustrations

(a) If a contract be contained in several letters, all the letters in which it is contained must be proved.

(b) If a contract is contained in a bill of exchange, the bill of exchange must be proved.

(c) If a bill of exchange is drawn in a set of three, one only need be proved.

(d) A contracts, in writing, with B, for the delivery of indigo upon certain terms. The contract mentions the fact that B had paid A the price of other indigo contracted for verbally on another occasion. Oral evidence is offered that no payment was made for the other indigo. The evidence is admissible.

(e) A gives B receipt for money paid by B. Oral evidence is offered of the payment. The evidence is admissible.

India's Important Case Laws and Landmark Judgments on IEA - Section 91 Indian Evidence Act 1872:

Lothamasu Sambasiva Rao vs Thadwarthi Balakotiah on 14 November, 1972 - Andhra High Court 

Karan Madaan And Others vs Nageshwar Pandey on 26 March, 2014 - Delhi High Court 

Bai Hira Devi And Others vs The Official Assignee Of Bombay on 20 February, 1958 - Supreme Court of India 

Tuesday vs By Advs. Sri.M.Ramesh Chander on 19 March, 2004 - Kerala High Court 

Perumal Chettiar vs Kamakshi Ammal on 10 February, 1938 - Madras High Court 

Sheo Nath Prasad vs Sarjoo Nonia And Anr. on 12 March, 1943 - Allahabad High Court 

Jarnail Singh vs Amrik Singh on 29 April, 2003 - Punjab-Haryana High Court 

Nazir Khan And Anr. vs Ram Mohan Lal And Anr. on 3 July, 1930 - Allahabad High Court 

Madan Lal Kapur vs Subhash Lal Kapur And Ors. on 23 July, 2003 - Delhi High Court 

India Tourism Development vs Miss Susan Leigh Beer on 30 May, 2014 - Delhi High Court