Wednesday, 9 January 2019

Documentary evidence excludes oral evidence

(Documentary evidence excludes oral evidence)
Articles.....102......&.....103....QSO
These two articles are very important to understand...
Law always #prefers documentary evidence to oral evidence...
Art....102....states that
Where terms of
Contract
Grant or
Disposition of property have been reduced to form a document...
..or.......
Where any matter required by law to be in writing....Then.....
NO other evidence shall be given except the document ITSELF....
DISSECTION OF ART.102
This article has two parts.
1. When terms of contract, grant or disposition of property have been reduced to writing.
2. Any matter required by law to be in writing.
In the first case.....
when there exists a #written_document relating to transaction b/w the parties, ONLY THEN any other evidence is excluded and that document ITSELF has to be produced.
In case two....all other evidence is excluded whether “matter required by law to be in writing” is in writing or not....
NOTE: article 75 differs from article 102........
In 75 ...“the mode of proof of a document ITSELF” is discussed.
While 102... is not about proof of document but “mode of proof of transactions/terms which have been reduced to form a document”..

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