Bare ActsThe Bharatiya Sakshya Adhiniyam, 2023 (Draft stage of the translated version)

Section 95

Amendment status not verified — confirm the current text below against the official source.

When the terms of any such contract, grant or other disposition of property, or any matter required by law to be reduced to the form of a document, have been proved according to section 94, no evidence of any oral agreement or statement shall be admitted, as between the parties to any such instrument or their representatives in interest, for the purpose of contradicting, varying, adding to, or subtracting from, its terms: Provided that any fact may be proved which would invalidate any document, or which would entitle any person to any decree or order relating thereto; such as fraud, intimidation, illegality, want of due execution, want of capacity in any contracting party, want or failure of consideration, or mistake in fact or law: Provided further that the existence of any separate oral agreement as to any matter on which a document is silent, and which is not inconsistent with its terms, may be proved. In considering whether or not this proviso applies, the Court shall have regard to the degree of formality of the document: Provided also that the existence of any separate oral agreement, constituting a condition precedent to the attaching of any obligation under any such contract, grant or disposition of property, may be proved: Provided also that the existence of any distinct subsequent oral agreement to rescind or modify any such contract, grant or disposition of property, may be proved, except in Evidence of terms of contracts, grants and other dispositions of property reduced to form of document. Exclusion of evidence of oral agreement. Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 29 _________________________________________________________ _________________________________________________________ _________________________________________________________ _______________________________________________________________ ___________________________________________________________ __________________________________________________________ Sec. 1] ꯗꯒꯦꯖꯦꯠꯑꯣꯐꯏꯟꯗꯤꯌꯥꯑꯦꯛꯁꯇ꯭ꯔꯥꯑꯣꯔꯗꯤꯅꯔꯤ 29 ꯆꯦꯞꯇꯔVI ꯗꯣꯀꯨꯃꯦꯟꯇꯔꯤꯈꯨꯗꯝꯒꯤꯃꯇꯨꯡꯏꯟꯅꯑꯣꯔꯦꯜꯄ ꯭ ꯔꯃꯥꯟꯒꯤꯑꯦꯛꯁꯀ ꯭ ꯂꯨꯁꯟꯒꯤꯃꯇꯥꯡꯗ

Section 95 – The Bharatiya Sakshya Adhiniyam, 2023 (Draft stage of the translated version) | DailyLaw.ai